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MATTER OF MASSENA MEMORIAL HOSPITAL

300 A.D.2d 889 (2002)

752 N.Y.S.2d 743

In the Matter of the Arbitration between MASSENA MEMORIAL HOSPITAL, Appellant-Respondent, and CIVIL SERVICE EMPLOYEES ASSOCIATION, INC., LOCAL 1000, UNIT 8415, Respondent-Appellant.

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

Decided December 19, 2002.

Carpinello, J.

Pursuant to a collective bargaining agreement between the parties, an employee of petitioner may bid a vacant position which, in turn, "will be awarded to the most qualified bidder." In the event that two or more employees are determined by petitioner to be "relatively equally qualified," then the employee with the most seniority must be given the position. In the instant case, after an employee with the...

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