New York Public Personnel Law: Employee disciplined for allegedly violating agency rules

February 03, 2020

Employee disciplined for allegedly violating agency rules

A New York City sanitation worker [Worker] was found to have violated agency rules by being absent without leave, improperly taking emergency leave, failing to immediately report an accident, failing to report to the clinic as required, performing an unauthorized pickup, and disobeying an order.

Of the 15 alleged violations of agency rules, only six were sustained.

OATH Administrative Law Judge John B. Spooner recommended that Worker be suspended four days for each sustained violation, for a total of 24 days, reasoning that none of the violations were serious or shown to be disruptive to the unit operations and that the large number of dismissed violations suggested that a few supervisors issued complaints without sufficient justification.

The Appointing Authority adopted Judge Spooner’s findings and recommendations.

The decision is posted on the Internet at:
http://archive.citylaw.org/wp-content/uploads/sites/17/oath/20_cases/20-120.pdf

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