Decision 20371

Case Number Claimant Judge Language Decision date
Decision 20371   McNair  English 1991-09-24
Decision Appealed Appellant Corresponding Case
Returned to a different Board  No N/A  -


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
board of referees  errors in law  meaning of a term 

Summary:

CUB 13920 quoted. I fully concur that the determination of what constitutes "just cause" is a question of fact which falls particularly within the jurisdictional province of Boards of Referees. An Umpire appeal is not a hearing de novo.


Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
umpires  grounds of appeal  not a trial de novo 

Summary:

An Umpire appeal is not a hearing de novo and an Umpire should be extremely loath to reverse a decision based on a finding of fact, where there is evidence to reasonably support it. While I might have been disposed to have decided differently, that is not a valid ground.


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