Reinstating an employee to his former position after being found guilty of disciplinary charges ruled irrational under the circumstances
Social Services Employees Union, Local 371 v City of New York Administration for Children's Services, 56 AD3d 322
In this appeal, the Appellate Division vacated a Supreme Court’s confirmation of a disciplinary grievance arbitration award sought by Local 371.
In addition, the Appellate Division specifically granted the Administration for Children’s Services’ (ACS) Article 75 motion objecting to the disciplinary arbitrator’s award providing for the grievant’s reinstatement to his former supervisory position.
According to the ruling, the grievant, a Child Protection Specialist Supervisor II ACS, had pled guilty to grand larceny in the fourth degree. The offense: filing false income tax returns using confidential ACS client information to fraudulently claim entitlement to state and local tax credits.
The Appellate Division said: “We find that the arbitrator's award, which determined that while grievant had engaged in a censurable course of conduct that justified punishment he should be restored to his supervisory position at ACS, is irrational and defies common sense.”
If reinstated to the position of ACS supervisor, said the court, the grievant again would have access to the ACS database from which he extracted the information he used to perpetrate his crime.
The court then remanded the matter to the arbitrator for reconsideration regarding the setting of an appropriate penalty.
The text of the decision in posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08979.htm
Social Services Employees Union, Local 371 v City of New York Administration for Children's Services, 56 AD3d 322
In this appeal, the Appellate Division vacated a Supreme Court’s confirmation of a disciplinary grievance arbitration award sought by Local 371.
In addition, the Appellate Division specifically granted the Administration for Children’s Services’ (ACS) Article 75 motion objecting to the disciplinary arbitrator’s award providing for the grievant’s reinstatement to his former supervisory position.
According to the ruling, the grievant, a Child Protection Specialist Supervisor II ACS, had pled guilty to grand larceny in the fourth degree. The offense: filing false income tax returns using confidential ACS client information to fraudulently claim entitlement to state and local tax credits.
The Appellate Division said: “We find that the arbitrator's award, which determined that while grievant had engaged in a censurable course of conduct that justified punishment he should be restored to his supervisory position at ACS, is irrational and defies common sense.”
If reinstated to the position of ACS supervisor, said the court, the grievant again would have access to the ACS database from which he extracted the information he used to perpetrate his crime.
The court then remanded the matter to the arbitrator for reconsideration regarding the setting of an appropriate penalty.
The text of the decision in posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2008/2008_08979.htm