“The notion that Commissioner Kavanagh is refusing to make Rodriguez, a class member of the Vulcan litigation, whole puts in question her leadership abilities.” “An order to make someone whole is to award damages to put that person in the same position they would have been if the obligation was not broken,” Gleason said. “In refusing to enforce the arbitrator’s binding decision they are utterly failing their obligations to Rodriguez,” said Gleason. ![]() While the FDNY has updated Rodriguez’s record and compensated the EMT for any money he lost during his suspension, he hasn’t been made a firefighter, so his attorney Peter Gleason is suing to get his client his long-awaited career move. NEW YORK - The demands of a retiring city EMT to be reinstated as an FDNY firefighter, thanks to an arbitrator’s open-ended demand that he be “made whole,” is a hot potato no one in the city government or municipal employee unions wants to pick up - and has now led to a new lawsuit.Īfter determining that the FDNY had wrongly suspended and disciplined Emergency Medical Technician Arnaldo Rodriguez more than a decade ago while the EMT was at the FDNY Academy training to become a firefighter, city arbitrator Lisa Charles ordered in October 2021 that the department “remove the discipline from his record, rescind the 60-day suspension, pay him for the missed time with interest and make him whole.”
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