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MATTER OF MASSENA CENTRAL SCHOOL DISTRICT

64 A.D.3d 859 (2009)

882 N.Y.S.2d 539

In the Matter of the Arbitration between MASSENA CENTRAL SCHOOL DISTRICT, Respondent, and MASSENA CONFEDERATED SCHOOL EMPLOYEES' ASSOCIATION, NYSUT, AFL-CIO, on behalf of ERIC FETTERLY, Appellant.

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

Decided July 2, 2009.

Garry, J.

Eric Fetterly is employed as a custodian by petitioner and is a member of respondent. He suffered an on-the-job injury and was absent from work for 11 months while receiving workers' compensation benefits, returning to his employment on June 27, 2005. After a disagreement arose between Fetterly and petitioner as to his rate of absenteeism and the effect of his workers' compensation leave on his accrued sick time and his entitlement to certain benefits, respondent...

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