Legal Opinion

British Overseas Airways Corp. v. International Ass'n of Machinists & Aerospace Workers

Appellate Division of the Supreme Court of the State of New York

Decided June 29, 1972PublishedCited by 9 opinions

1Opinion of the Court

Order and judgment (one paper), Supreme Court, New York County, entered January 4, 1972, vacating part of an arbitration award affirmed. Respondent shall recover of appellants $50 costs and disbursements of this appeal. In directing the promotion of the employee, the arbitrator exceeded his powers, and gave to Flowers, regardless of his qualifications, a preference over fellow employees who may be equally or even more qualified. And the matter of actual qualification should be left with the employer, particularly in the aviation area, where public safety is very much involved. The only issue…

2Cases cited4 opinions

  1. United Steelworkers v. Enterprise Wheel & Car Corp.Supreme Court of the United States · 1960
  2. Matter of Feuer Transportation, Inc. (Local No. 445)New York Court of Appeals · 1946
  3. Hiscock v. . HarrisNew York Court of Appeals · 1878
  4. In re the Arbitration between General Electric Co.New York Supreme Court · 1948

3Cited by9 opinions

  1. Pavilion Central School District v. Pavilion Faculty Ass'nAppellate Division of the Supreme Court of the State of New York · 1976
  2. County of Ontario v. Faculty Ass'n of the Community College of the Finger LakesAppellate Division of the Supreme Court of the State of New York · 1977
  3. In re the Arbitration between Board of Education of Westmoreland Central School District & Westmoreland Teachers Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
  4. West Genesee Central School District v. West Genesee Teacher Ass'nAppellate Division of the Supreme Court of the State of New York · 2003
  5. Connolly v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1976

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