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MATTER OF NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC.

304 A.D.2d 954 (2003)

758 N.Y.S.2d 426

In the Matter of the Arbitration between NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC., et al., Appellants, and NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES et al., Respondents.

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

Decided April 10, 2003.

Rose, J.

After urine samples tested positive for marihuana use, petitioner James Demers (hereinafter petitioner), a correction officer employed by respondent Department of Correctional Services, was found guilty of misconduct and a penalty of termination was imposed. Petitioner New York State Correctional Officers and Police Benevolent Association, Inc. filed a grievance on petitioner's behalf but, following an arbitration hearing as provided in the parties' collective...

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