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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.

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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