DocketNumber: No. CV93 0704770
Citation Numbers: 1996 Conn. Super. Ct. 9581
Judges: WAGNER, TRIAL JUDGE REFEREE.
Filed Date: 11/22/1996
Status: Non-Precedential
Modified Date: 4/18/2021
The plaintiff claims that under the collective bargaining agreement between the parties, the grievant should have been given the position of Maintenance Mechanic because Article VI, Section 4.3A provides
When a vacancy exists or a new position is created, the employee with the highest seniority shall be given the first opportunity to fill the position provided he is qualified.
It is undisputed that grievant had the highest seniority, but defendant justified its refusal to give him the position because he did not have the requisite training and experience and did not have a B-4 heating mechanic license. Plaintiff claims that the award demonstrates "a manifest disregard of the law" because it refused to give proper weight to General Statutes §
Plaintiff has failed to demonstrate that General Statutes §
Under these circumstances, there is at most a "disagreement with the arbitrators application of controlling legal principles" by the plaintiff and not a "manifest disregard of the law" by CT Page 9583 the arbitrators which is required to set aside an award.Garrity v. McCaskey,
Motion to Vacate is denied.
Jerry Wagner Trial Judge Referee