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Wednesday, June 14, 2017

Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination


Public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination

A member of the Civil Serv. Empls. Assn., Inc. [Union], sustained an on-duty injury to his left shoulder. After being out of work for more than one year on Workers' Compensation leave, the employer terminated his employment pursuant to Civil Service Law §71. The employee filed a grievance, alleging that such termination violated the CBA. After his grievance was denied, the Union filed a demand for arbitration. Ultimately the Appellate Division granted the district's motion for a temporary stay of the arbitration proceedings. 

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