ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

August 15, 2012

Disciplinary action follows employee’s refusal to report to a new workstation


Disciplinary action follows employee’s refusal to report to a new workstation
New York City Human Resources Administration v Griffin, OATH Index # 941/12

An employee of the City of New York was reassigned* to a new location. She, however, continued to report to her old work location and then stopped reporting to work altogether.

This resulted in the individual's being served with disciplinary charges alleging that she had refused to report to her assigned workplace, insubordination and AWOL.

Rejecting the employee’s arguments in defense of her actions, including her claim that she wanted a reassignment to another location closer to her home, OATH Administrative Law Judge Kevin F. Casey found the employee guilty of the charges filed against her.

Judge Casey recommended that the individual’s employment be terminated.  

*N.B. Although the decision characterizes the movement of the individual from one workstation to a different workstation within the same agency as a “transfer,” it technically constituted a “reassignment.” The term "transfer" is used to describe a change of employment where the employee leaves the jurisdiction of one appointing authority and enters the jurisdiction of another, different, appointing authority. In contrast, the term "reassignment" is used to describe personnel change by the appointing authority within the same department or agency.

Except where there is a "transfer of function," transfers typically required the approval of both appointing authorities and the consent of the individual to be transferred [see Civil Service Law §70.1]. In contrast, a "reassignment" may be made without the agreement or consent of the employee concerned unless otherwise required by a collective bargaining agreement.

The decision is posted on the Internet at:

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. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. 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 posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com