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A judge has vacated an arbitrator's ruling against a city of Dunkirk employee who sued City Hall after getting laid off.
State Supreme Court Judge Grace Hanlon ruled that an arbitrator made an improper decision against Kim Robbins. The arbitrator, Michael Whelan, ruled the city did not violate its contract with Robbins' union when it laid her off in February 2025.
However, Hanlon cited a case where an arbitrator's decision against a corrections officer over alleged employee handbook violations was tossed out, "as the Court of Appeals found the arbitrator had exceeded his powers by failing to separately consider the employee's retaliation defense."
Hanlon also declared that Whelan "completely ignored a significant provision within the (contract), the 'signature' page, and in doing so changed the meaning of the contract." The arbitrator "exceeded his power and improperly executed the same" and "improperly impaired the rights of the grievant with his limited interpretation of the contract."
Hanlon granted Robbins' request to throw out Whelan's decision, and ordered that a new arbitrator take a look at the case. However, she denied Robbins a requested award for "costs and attorneys fee."
City Hall cited cost-cutting during a time of severe financial problems as its reason for laying off Robbins, a legal secretary. However, Robbins and her union argue a contract clause ensures that employees cannot be laid off for financial reasons.