MATTER OF BRITISH OVERSEAS AIRWAYS CORP. v. INT'L ASS'N OF MACHINISTS & AEROSPACE WORKERS, AFL-CIO


39 A.D.2d 900 (1972)

In the Matter of British Overseas Airways Corporation, Respondent, v. International Association of Machinists and Aerospace Workers, AFL-CIO ("IAM") et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 29, 1972


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 intended...

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