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MATTER OF LOCAL 333, UNITED MARINE DIVISION, INTERNATIONAL LONGSHOREMAN'S ASSOCIATION, AFL-CIO v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION

35 A.D.3d 211 (2006)

826 N.Y.S.2d 225

In the Matter of LOCAL 333, UNITED MARINE DIVISION, INTERNATIONAL LONGSHOREMAN'S ASSOCIATION, AFL-CIO, Appellant, v. NEW YORK CITY DEPARTMENT OF TRANSPORTATION, Respondent.

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

Decided December 12, 2006.

The deckhand was terminated as the result of a random drug test administered shortly (eight days) after DOT instituted a "Zero Tolerance Policy for Positive Drug and Alcohol Test Results." The new policy came in the wake of the infamous Staten Island Ferry accident on October 15, 2003, wherein a pilot, under the influence of medically prescribed drugs, allowed a ferryboat to collide with a concrete pier, killing 11 passengers and...

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