TO RESEARCH NYPPL POSTINGS type in your key word or phrase in the box at the upper left and tap enter.
Tuesday, April 13, 2010
Disciplinary arbitration findings affect unemployment insurance claims
Edie v NYC Transit Authority, App. Div., 253 A.D.2d 952
As Santiago J. Edie learned, if an employee is found guilty of misconduct in a disciplinary arbitration, he or she will be disqualified for unemployment insurance benefits on the basis of that finding under the doctrine of collateral estoppel -- the decision in a prior action is conclusive if the same issue is subsequently presented to a second tribunal.
Edie, a New York City Transit Authority [NYCTA] conductor, applied for, and was granted, unemployment insurance benefits by a Workers’ Compensation Administrative Law Judge [ALJ]. Subsequently Edie was found guilty of cutting the electricity to one of a train’s doors while it was moving. For safety reasons, NYCTA’s policy was to cut the power to train doors only when the train was stopped. This misconduct, according to the arbitrator, warranted dismissal and Edie was terminated.*
The Unemployment Insurance Appeals Board, reversing its ALJ’s decision, ruled that Edie disqualified for benefits because he lost his employment due to his misconduct, giving collateral estoppel effect to the disciplinary arbitrator’s factual findings. Edie appealed.
The Appellate Division confirmed the Board’s ruling. It said that Edie had been given a “full and fair opportunity to litigate the misconduct issue at the arbitration hearing.” The fact that the ALJ’s decision was issued prior to the arbitrator’s decision did not prevent the Board overturning the ALJ’s determination.
It is the Board, not the ALJ, that is “the final factfinder in the administrative process” insofar as the adjudication of workers’ compensation claims is concerned.
* The Appellate Division’s decision comments that “significantly, at the time of this incident [Edie] was already on probation for violating a safety rule involving the operation of the doors.”
Handbooks focusing on New York State and Municipal Public Personnel Law:
The Discipline Book - a 448 page e-book focusing on disciplinary actions involving State, municipal and school district public officers and employees. For more information click on http://thedisciplinebook.blogspot.com/
A Reasonable Penalty Under The Circumstances - a 618-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service. For more information click on http://nypplarchives.blogspot.com/
The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations and summarizing selected court and administrative decisions involving layoff issues. For more information click on http://nylayoff.blogspot.com/
Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law §§207-a/207-c and other laws, rules, regulations and court decisions focusing on disability leave issues. For more information click on http://section207.blogspot.com/
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
Copyright© 1987 - 2015 by the Public Employment Law Press.