Employee's resignation after being found guilty of disciplinary charges forfeits his or her right to demand arbitrationMatter of the Arbitration between Unit 8251, Local 842, CSEA v City of Troy, 169 AD2d 871 Under the terms of a Taylor Law agreement, an employee against whom disciplinary charges had been filed was entitled to a three step disciplinary proceeding. The third step was arbitration. In the Matter of the Arbitration between Unit 8251, Local 842, CSEA v City of Troy, the basic issue was the effect of an employee's pre-arbitration resignation on his or her right to demand arbitration. The worker was found guilty of four acts of misconduct. The hearing officer recommended that the employee be terminated. A few days later the employee submitted his resignation.* On the same day that the employee submitted the resignation the union filed a demand for arbitration. The City refused to submit the issue to arbitration on the grounds that the individual, having…
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