Opinion
September 17, 1998
Appeal from the Unemployment Insurance Appeal Board.
Claimant was discharged from his employment as a conductor after he cut the electricity to one of the train's doors while the train was moving. It was the employer's policy that for safety reasons the doors were to be cut only when the train was stopped. Significantly, at the time of this incident claimant was already on probation for violating a safety rule involving the operation of the doors. An arbitration hearing pursuant to the collective bargaining agreement resulted in a finding that claimant engaged in misconduct warranting his discharge. Thereafter, the Unemployment Insurance Appeal Board, giving collateral estoppel effect to the arbitrator's factual findings, reversed the decision of the Administrative Law Judge (hereinafter ALJ) and found that claimant was disqualified from receiving benefits because he lost his employment due to misconduct.
We affirm. Contrary to claimant's contention, the factual findings of the arbitrator were properly given collateral estoppel effect in view of the fact that claimant was given a full and fair opportunity to litigate the misconduct issue at the arbitration hearing ( see, Matter of Downey [Commissioner of Labor], 252 A.D.2d 709). That an ALJ's decision was rendered prior to the arbitrator's decision is of no consequence inasmuch as "the final factfinder in the administrative process is the Board, not the ALJ" ( Matter of Brauner [Patchogue Nursing Ctr. — Hartnett], 162 A.D.2d 838, 840, lv dismissed 76 N.Y.2d 1018). Furthermore, substantial evidence supports the Board's finding that claimant engaged in disqualifying misconduct.
Mikoll, J.P., Mercure, Peters, Spain and Graffeo, JJ., concur.
Ordered that the decision is affirmed, without costs.