Tuesday, June 26, 2012

Disagreement with a superior’s directive not a defense to disciplinary charges alleging insubordination


Disagreement with a superior’s directive not a defense to disciplinary charges alleging insubordination
OATH Index No. 196/12

OATH Administrative Law Judge Faye Lewis found that a correction officer had been insubordinate on two dates and recommended a 10-day suspension.

In the first instance, the employee refused to open a security gate when ordered to do so by a superior officer. He also he refused to relinquish his post to another officer when ordered.

The correction officer disagreed with the order to report to a different post, but ALJ Lewis found this was not a defense because respondent was required to follow direct orders. 

The decision is posted on the Internet at:  

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The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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