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PEP June 2014
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Public Employee Press

Arbiter overrules library, reinstates custodian

An impartial arbitrator ruled for DC 37 in March and ordered the New York Public Library to reinstate Curtis Hill, a Junior Custodian who was fired after he failed to report an accident with a city vehicle.

"I am thrilled that we won this grievance. The union was here to fight for our member and win his job back," said Local 374 President Cuthbert Dickerson.

DC 37 Assistant General Counsel Jesse Gribben took the case to arbitration, arguing that the NYPL's decision to fire Hill was extreme. Although the grievant failed to report the accident, Gribben said, "Management should have exercised other disciplinary options for this one-time infraction."

It is NYPL policy that employees must report all auto accidents to the Police Dept. and to the appropriate manager and the Life Safety manager. Hill told his supervisor that he did not report the May 8 accident because the cell phone NYPL had issued and his personal cell phone were not working at the time.

At a disciplinary hearing in July, Hill apologized for his lapse in judgment, but management decided to fire him for "dereliction of duty and poor judgment."

"NYPL violated the contract," said Gribben. The agreement states, "No suspension, demotion or dismissal can be imposed upon any staff until the hearing has been held, a determination made and a copy of the determination in writing is served upon the staff member." In discharging Hill, NYPL did not follow this procedure.

The arbitrator said NYPL issued its findings Aug. 9, and did not have just and sufficient cause to remove Hill from his post in July, a month before giving Hill a copy of the determination.

Hill's offense "was not so egregious as to warrant dismissal," the arbitrator wrote. "NYPL has just and sufficient cause to discipline, but not discharge." The arbitrator ordered NYPL to reinstate Hill - but without back pay as an appropriate penalty.

"When an employer terminates a DC 37 member without proper cause," Gribben said, "the union will fight to protect the member's rights."


 
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