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MATTER OF CITY OF ONEIDA

78 A.D.2d 727 (1980)

In the Matter of the Arbitration between The City of Oneida, Appellant, and Oneida City Unit, Madison County Chapter, CSEA, Inc., Respondent

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

October 16, 1980

In early 1978 a vacancy occurred in the position of Deputy City Chamberlain of the City of Oneida (also designated Account Clerk or Account Clerk-Typist) by the retirement of the then holder of that office. Which of two applicants is the proper person to fill the vacancy is the subject of the dispute here on appeal. There is no doubt that the retiree was a member of respondent bargaining unit and that the position itself was in the exempt classification, but was neither managerial...

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