ALBANY – The state may not fire a youth aide who punched a handcuffed teen in the face at a center for boys that had been investigated by the U.S. Department of Justice for improper use of force, a state appeals court has found.
The Appellate Division, Third Department, found that while the state’s desire to fire David H. Jackson, an aide who supervised the juveniles at Tryon School for Boys, is “understandable,” state laws did not allow them to invoke a public policy exception to substitute their opinion for an arbitrator’s judgment to settle a disciplinary proceeding called for in a labor contract with the Civil Services Employees Association.
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