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13 N.J.A.R. 466

Trenton State Prison; Brown, Pierre J. v
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Citation: 13 N.J.A.R. 466
Decision Date: 1988
Agency: MERIT SYSTEM PROTECTION BOARD
Synopsis: Appellant was terminated from his position as a senior correc- tions officer at Trenton State Prison for unsatisfactory attendance. He requested a hearing and the matter was transmitted to the Office of Administrative Law. The administrative law judge assigned to the case found that appellant had called in sick less than one hour before his shift was to begin. This was a violation of prison reporting procedures. Ap- pellant had been disciplined on six other occasions for calling in late or taking unauthorized absences. According to the prison's personnel policy, the penalty for unsatisfactory attendance is a reprimand for the first infraction and fines for the second through sixth infractions. For the seventh infraction, the employee is terminated. The adminis- trative law judge concluded that this policy was reasonable and agreed that appellant should be removed from his position. Upon review, this initial decision was adopted by the Merit System Board. The Board said appellant's lengthy record of infrac- tions justified removal in this case, but did not adopt the policy of imposing removal after seven infractions.