MATTER OF GROVER


233 A.D.2d 809 (1996)

650 N.Y.S.2d 392

In the Matter of the Claim of Richard W. Grover, Appellant. Waste-Stream, Inc., Respondent; John E. Sweeney, as Commissioner of Labor, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 27, 1996


Cardona, P. J.

In his capacity as a manager at a trash and recycling facility, claimant signed a "Supervisor's Acknowledgment of Substance Policy and Procedure" on December 31, 1990 acknowledging, inter alia, the employer's policy of random drug testing and that his refusal to submit to a random drug test would be considered insubordination that could result in termination.

On January 20, 1992, claimant was advised that he had been selected...

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