Probationary period for newly appointed New York City sanitation workers changed from 12 months to 18 months

Probationary period for newly appointed New York City sanitation workers changed from 12 months to 18 months
Matter of Nespoli v Doherty, 2009 NY Slip Op 08499, Decided on November 19, 2009, Appellate Division, First Department

Supreme Court Justice Marcy J. Kahn Harry dismissed Nespoli’s petition on behalf of the Sanitationmen's Union to annul the determination of Commissioner of the Department of Citywide Administrative Services (DCAS) John J. Doherty to increase the probationary period for newly appointed sanitation workers from 12 months to 18 months. The Appellate Division unanimously affirmed Justice Kahn’s ruling.

The New York City Sanitation Department had asked Doherty to establish a longer probationary period, contending that “the number of accidents, disciplinary complaints and arrests involving new sanitation workers is too high.” The Department’s rationale for its request: “A longer probationary period would enable Sanitation to weed out higher risk employees and increase training and experience.”

Commenting that there was no basis to conclude that the Department’s representation that extending the probationary period will reduce the numbers of accidents, disciplinary complaints or arrests involving newly appointed sanitation workers is irrational or a pretext for some arbitrary or bad-faith motive, the court said that New York City's personnel rules gives the DCAS's Commissioner the discretion to provide for a probationary period other than one year without engaging in any particular process of review.

The Appellate Division also noted that the two-year probationary period for police and corrections officers provides a benchmark for comparison, tending to show that an 18-month probationary period for sanitation workers is not excessive.