Sunday, August 7, 2011

MBTA forced to rehire employees busted for child rape and cocaine

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BOSTON - Arbitrators have forced the MBTA to rehire several employees who were fired for reasons including drug use and child rape.

The Boston Herald reports that the seven employees the T has rehired out of 22 arbitration cases since 2009 all had their dismissals overturned on technicalities.

Among them, a subway operator who tested positive for cocaine after being caught dozing behind the controls and was awarded her job back by an arbitrator who said the T violated her right to privacy by ordering a drug test.

In another case, a bus driver fired over his 1987 child rape conviction got his job back when the arbitrator ruled that the MBTA knew about his record when he was hired in 2000 and before a 2004 rule change banned convicted sex offenders.

Statement from the MBTA:
The conduct and behavior of our employees is of paramount interest at the MBTA, and that's why disciplinary action is taken when necessary or warranted. As stipulated in collective bargaining agreements, disciplined employees are entitled to avail themselves of an appeals process. While the disciplinary action is often upheld, there are some instances in which an independent arbitrator does not agree with the MBTA's position. The MBTA may disagree with a dissenting opinion, but it still must accept it. While perhaps not perfect, the process is in place to ensure that all parties are given the opportunity to present their arguments to an impartial and unbiased arbitrator.

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