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Employee charged with misuse of employer?s e-mail for ?union election activities?

Employee charged with misuse of employer?s e-mail for ?union election activities?
Department of Environmental Protection v Donas, OATH Index No. 781/09

The Department of Environmental Protection filed disciplinary charges pursuant to Section 75 of the Civil Service Law and proved that the employee improperly used his work e-mail account for union activities. Harry Donas, an assistant chemical engineer and a Chapter President for his union, responded to an e-mail that was of a "campaign nature."

Administrative Law Judge Alessandra Zorgniotti found that Donas had knowingly used the Department?s e-mail to write about union election matters, which was prohibited by agency rules.

However, Judge Zorgniotti found that the Department failed to prove that Donas violated agency rules on a separate occasion when he e-mailed union members regarding a work-related matter as the e-mail had nothing to do with union elections.

The penalty recommended by the ALJ: Donas be reprimanded

Full post as published by New York Public Personnel Law on February 18, 2010 (boomark / email).