Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book - A 458 page guide focusing on New York State laws, rules, regulations, disciplinary grievances procedures set out in collective bargaining agreements and selected court and administrative decisions concerning disciplinary actions involving state and municipal public officers and employees. For more information click on http://booklocker.com/5215.html

A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant New York State laws, rules and regulations, and selected court and administrative decisions involving layoff and related matters. For more information click on http://booklocker.com/5216.html

The Disability Benefits E-book: - This e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://booklocker.com/3916.html

TO RESEARCH NYPPL POSTINGS type in your key word or phrase in the box at the upper left and tap enter.

N.B. “Cookies” provide a method for an Internet site to recognize a visitor and keep track of "visitor preferences." NYPPL does not use “cookies.” Google, its advertisers linked to this site by Google and others, however, may be using "cookies." A visitor's continuing to access NYPPL will be deemed to constitute the visitor's knowledge of, and the visitor's consent to, the use of "cookies" on NYPPL's LawBlog by Google, its advertisers and others.

Tuesday, April 13, 2010

Disciplinary arbitration findings affect unemployment insurance claims

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 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

The Disability Benefits E-book: - This 810 page e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://section207.blogspot.com/

A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

Caution:

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.

Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material in this blog is presented with the understanding that the publisher is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Readers may share material posted in NYPPL with others provided attribution to NYPPL is given.

Copyright© 1987 - 2016 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.