New York Public Personnel Law: Workers found guilty of a “slow-down” in completing their assigned tasks based on circumstantial evidence

April 07, 2011

Workers found guilty of a “slow-down” in completing their assigned tasks based on circumstantial evidence

Workers found guilty of a “slow-down” in completing their assigned tasks based on circumstantial evidence

Department of Sanitation v Venning, OATH Index #763/11 and Index #764/11

Two New York City sanitation workers were charged with willfully failing to complete their route.

OATH Administrative Law Judge Tynia Richard found that circumstantial evidence supported the inference that the workers intentionally slowed their pace, and recommended a five-day penalty as to each worker for that charge.

One employee was also charged with disobeying an order from a supervisor, directing profanity at her, and recklessly driving away while she was stepping away from the truck, all of which charges were sustained.

ALJ Richard recommended a 30-day suspension without pay for that incident.

The decision is posted on the Internet at:

http://archive.citylaw.org/oath/11_Cases/11-763.pdf

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