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A1 Steak Sauce

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CASE STUDY
Stankiewicz V. City of Manchester
156 NH 587
FACTS: Mr. Stankiewicz brought a suit against the city on Manchester for the restoration of his sick leave credit. This is because when he was sick the city had denied his request to get workers’ compensation but had instead permitted him to use his accumulated sick leave credit for the time he was absent. Mr. Stankiewicz sought a hearing with the New Hampshire Department of Labor and after the hearing he was awarded worker’s compensation benefits. The city paid the award but asked him to repay the sick leave money he received because he had now received workers’ compensation benefits for that period. The city informed him that once he repaid the sick leave money, his sick leave credit would be restored. Mr. Stankiewicz refused to the repay the money, and his sick leave was not restored. And in September 2005 the plaintiff filed a declaratory judgment action seeking restoration of his sick leave credit.
ISSUE: One of the issues was a Motion to Dismiss on the basis that the jurisdiction over this matter lies with an arbitrator and not the court.
DECISION: The decision of the trial court was affirmed in part.
REASON: The reason was that the plaintiff’s claim was based upon the Manchester Code of Ordinances (MCO) over which the trial court may exercise jurisdiction, and not the Collective Bargaining Agreement (CBA). Therefore, it is irrelevant whether it is possible for the plaintiff to comply with the CBA’s grievance procedures. Those procedures simply do not apply to the plaintiff’s claim, and for those reasons the appeal court concluded that the trial court did not err in denying the City’s Motion to Dismiss.
ISSUE: The other issue was the Motions for Summary Judgment
DECISION: The decision of the trial court was reversed in part.
REASON: The reason was that the court decided that the plain language

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