Local 237 recently won two arbitrations for school safety agents against the New York Police Department for wrongful terminations. The first case involved an allegation of sexual misconduct by NYPD against Darrell Dotson, a veteran school safety agent with no prior discipline in his 25 years with NYPD. In 2003, the department alleged that Dotson “touched a 15-year old student on her thigh in a sexual manner, thereby engaging in sexual abuse and harassment.” He was charged with misconduct and terminated by NYPD.

The student, who at the time of the arbitration hearing was 21 years old, failed to appear at the hearing, and hence did not testify. The arbitrator found that the NYPD had ample time to locate this witness and arrange for her to testify but failed to do so. The fact that the date for the hearing had been set five months prior to the actual hearing date and the case was pending for four years with three prior hearing dates postponed by the city, persuaded the arbitrator to allow the hearing to go forward without the city’s star witness.

The city was required to proceed first because it has the burden of proof in termination cases. Although the city tried to present its case without the student’s testimony, all the evidence it presented was hearsay. The only evidence that was not hearsay at the arbitration was Dotson’s, who categorically denied ever touching the student and explained that the student had been in trouble many times before. The union produced evidence that the student and her friends had been considered “problem students” by the school and had been the subject of numerous complaints by school personnel and other students.

The arbitrator found that Dotson was not guilty of the charges alleged by NYPD. She also took into consideration that he was a veteran employee with no prior disciplinary record. Importantly, the union argued that the city only provided hearsay evidence, even with ample time to find and prepare its complaining witness. Under any standard of proof, the arbitrator noted, the city failed on all counts to prove its case against Dotson. Dotson was reinstated to his position with the NYPD with full back pay, benefits and seniority.


A Question of Integrity

The second victory involves another school safety agent, Nicole Green, who was terminated as a result of failing an “integrity test.” Green, an agent since 2001, found a paper bag outside her school that contained money, marijuana and a metro card. After the evidence passed through the hands of several agents and her supervisors, Green secured it to the best of her ability. The NYPD found the bag with some of its contents lost and charged Green with theft and failure to follow department procedure regarding found property. She was terminated as a result.

The arbitrator not only found Green’s testimony credible, but, most importantly, found NYPD’s main witness, the detective who placed the bag at the school and who conducted the “test,” to be wholly incredible. Local 237 successfully attacked the detective’s testimony and argued that the city failed to establish the necessary chain of custody that would be required with vouchering found property.

Without further proof, the detective’s testimony was not enough to establish the actual contents of the bag when it was handed over to the school. The union further argued that the city could not establish intent on Green’s part; therefore incompetence would not warrant the excessive punishment of termination. The arbitrator agreed with Local 237 and found Green not guilty of the charges. She also ruled in favor of the union on the grounds that the NYPD failed to conduct a thorough and full investigation into the facts and concluded prematurely that Green was guilty of the charges.

Green was reinstated with full back pay and benefits, and in response to the union’s motion, the arbitrator awarded interest, which is uncommon in labor arbitration. The NYPD was ordered to pay interest on any back pay not paid within 90 days on the grounds that the NYPD has consistently failed to pay back pay awards in a timely manner.