MATTER OF FERRERI v. New York State Thruway Auth.

OPINION OF THE COURT

Memorandum.

The judgment of the Appellate Division should be reversed, with costs, and the determination of the Authority reinstated.

Petitioner, having been disciplined for refusing to accept an overtime assignment, sought review of that order pursuant to section 76 of the Civil Service Law. He recognizes the “work now, grieve later” rule under which an employee covered by a collective bargaining agreement which establishes grievance machinery is required to obey a work order and pursue his grievance remedy, even though there is substantial reason to believe that the order…