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In re Application of Crane

Supreme Court, New York County

June 9, 2013

In the Matter of the Application of MARK CRANE, Petitioner,
v.
NEW YORK CITY TRANSIT AUTHORITY, Respondent Index No. 156265/2013

Unpublished Opinion

RECEIVED NYSCEF: 09/10/2013

Present Cynthia S. Kern, J.S.C. Justice

DECISION/ORDER

HON. CYNTHIA S. KERN, J.S.C.

Recitation, as required by CPLR 2219(a), of the papers considered in the review of this motion for:_____

Papers Numbered

Notice of Motion and Affidavits Annexed.................................... 1

Affirmation in Opposition.......................................................... 2

Replying Affidavits...................................................................... 3

Exhibits...................................................................................... 4

Petitioner Mark Crane, pro se, commenced the instant proceeding seeking an Order pursuant to CPLR § 7511(a) vacating the May 23, 2013 arbitration award by arbitrator William F. Hempfling and the February 12, 2012 arbitration award by arbitrator Stephen F. O'Beirne. Additionally, petitioner seeks an order directing respondent to reinstate his job as train operator and directing a rehearing of the still active arbitration of grievance #0-2006-0593. For the reasons set forth below, the petition is denied in its entirety.

The relevant facts are as follows. Beginning in 2001, petitioner was employed by respondent the New York City Transit Authority (NYCTA) as a Train Operator. During the course of his employment, petitioner and respondent were involved in several arbitrations over disciplinary action notifications ("DAN") given by respondent to petitioner. Specifically, the instant petition involves two arbitration awards that were rendered on February 12, 2012 (the "February Award") and May 23, 2013 (the "May Award"), which involved DANs that called for petitioner's discharge from employment.

In the February Award, the arbitrator found that respondent did not have cause to discharge petitioner for the allegations of misconduct contained in DAN # 09-2337-00, which was issued when petitioner overran a signal north of 125th St. While the arbitrator found that discharge was excessive under the circumstances, it held that respondent did have cause to impose a thirty day suspension and a final warning for any disciplinary infraction in the conduct/performance track.

In the May Award, the arbitrator considered the disciplinary actions taken by respondent against petitioner stemming from DAN # 1-2333-0034 and DAN # 12-2333-0045. DAN # 10-2333-0034 involved an incident that occurred on or about August 25, 2010 at the Westchester Train Yard Tower, wherein petitioner was supposed to attend a training class entitled "Heightened Security" but showed up late, which allegedly led to an altercation between petitioner and fellow NYCTA employees. DAN # 12-2333-0045 was issued after petitioner failed to make a scheduled stop at the 225th Street Station on May 19, 2012. Ultimately, the arbitrator found that respondent did not have cause to discipline petitioner for the incident that occurred at the Westchester Train Yard Tower. However, ...


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