Appeal from a decision of the Unemployment Insurance Appeal Board, filed July 29, 1997, which denied claimant’s motion for reconsideration of a prior decision ruling that claimant was disqualified from receiving unemployment insurance benefits because his employment was terminated due to misconduct.
Claimant was discharged from his employment as a conductor after he cut the electricity to one of the train’s doors while the train was moving. It was the employer’s policy that for safety reasons the doors were to be cut only when the train was stopped. Significantly, at the time of this incident claimant was already on probation for violating a safety rule involving the operation of the doors. An arbitration hearing pursuant to the collective bargaining agreement resulted in a finding that claimant engaged in misconduct warranting his discharge. Thereafter, the Unemployment Insurance Appeal Board, giving collateral estoppel effect to the arbitrator’s factual findings, reversed the decision of the Administrative Law Judge (hereinafter ALJ) and found that claimant was disqualified from receiving benefits because he lost his employment due to misconduct.
Mikoll, J. P., Mercure, Peters, Spain and Graffeo, JJ., concur. Ordered that the decision is affirmed, without costs.