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

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.”

No comments:

Post a Comment

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

The Discipline Book, - a concise guide to disciplinary actions involving public employees in New York State. A 1900+ page e-book. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 435 page handbook reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 600+ page guide to penalties imposed on public employees in New York State found guilty of selected acts of misconduct. For more information, click on http://booklocker.com/books/7401.html

General Municipal Law§§ 207-a and 207-c - Disability Leave for fire, police and other public sector personnel - a 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on http://booklocker.com/books/3916.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 - 2014 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.

_____________________

.