MATTER OF EDIE


253 A.D.2d 952 (1998)

677 N.Y.S.2d 821

In the Matter of the Claim of Santiago J. Edie, Appellant. New York City Transit Authority, Respondent; Commissioner of Labor, Respondent

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

September 17, 1998


Claimant was discharged from his employment as a conductor after he cut the electricity to one of the train's doors while the train was moving. It was the employer's policy that for safety reasons the doors were to be cut only when the train was stopped. Significantly, at the time of this incident claimant was already on probation for violating a safety rule involving the operation of the doors. An arbitration hearing pursuant to the collective bargaining agreement resulted...

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