By Payroll and Entitlements Editorial Staff
The Board was informed of the arbitration decision in this case prior to its own decision. As such, the factual findings of the arbitrator should have been accorded collateral estoppel effect in relation to the final unemployment insurance decision, so long as the parties had a full and fair opportunity to litigate the misconduct issue at the arbitration hearing. Thus, because the Board indicated that the arbitrator's decision was not part of the record before it — despite that decision being the focus of, and a copy of it annexed to, the employer's administrative appeal — the matter was remitted in order for the employer to submit the arbitration decision into the record and to provide an opportunity for the claimant and the employer to provide additional evidence and testimony regarding the nature of the arbitration hearing (In re Matthew Bruce, N.Y. Sup. Ct., App. Div., Third Dept., No. 528976, July 2, 2020).
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