Edward Kuhnel, a correctional officer for the New York Correctional Services Department (“Department”), flew a Nazi flag from the front porch of his home commemorating the 55th anniversary of Hitler’s declaration of war against the United States. His actions received a great deal of media attention. The Department suspended Kuhnel from his job for violating two sections of the Department’s employee manual. Kuhnel contested his suspension, and the claim was submitted to arbitration under a collective bargaining agreement. Both parties agreed that the arbitration procedure would be final and binding. The arbitrator concluded that Kuhnel was not guilty of the charges and reinstated Kuhnel with full back pay and benefits. The Department appealed. May the courts revisit the evidence and consider whether the arbitrator erred in determining the facts or applying the law?


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