MATTER OF RIVERBAY CORP.


91 A.D.2d 509 (1982)

In the Matter of the Arbitration between Riverbay Corporation, Operating Co-Op City, Appellant, and Local 32-E, S.E.I.V., AFL-CIO, Respondent

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

December 7, 1982


Under a collective bargaining agreement between the parties, the following issue was submitted to the arbitrator: "Did the Company have just cause for the discharge of Dominick Schifano and in any event what shall the remedy be?" The uncontradicted evidence at the hearing indicated that Schifano had been absent without explanation on 137 days in the 1980-1981 period. This same evidence also showed that he had been late on 11 days in 1980. In the first five months of 1981...

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