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Updated: Wednesday, 09 Feb 2011, 1:43 AM EST
Published : Tuesday, 08 Feb 2011, 5:55 PM EST
BUFFALO, N.Y. (WIVB) - The corrections officer at the center of Ralph "Bucky" Phillips escape form the Alden Correctional Facility has gotten his job back.
David Padilla was fired by the Erie County Sheriff's office in September 2006. But now an arbitrator says it was not for just cause, and that he must be reinstated to employment.
Padilla's termination followed the escape of Ralph "Bucky" Phillips. At the time, the sheriff's office said an alarm went off and was ignored. Padilla was working in the control room the day of the escape.
Padilla's attorney, Robert Boreanaz, said, "For the county, when they fired David Padilla to suggest that he ignored an alarm was irresponsible."
>> "Bucky" told police he planned to shoot as many State Troopers as possible
>> "Bucky" has racked up numerous misbehavior reports while behind bars
>> An appeal by Phillips of his conviction was denied
Undersheriff Mark Wipperman released a statement in response to the arbitrator's decision: "This decision is extremely discouraging and now forces the sheriff's office to reinstate a sub-par employee that doesn't deserve to return to his former job."
The arbitrator's decision also concludes that Padilla be made whole for his loss of employment.
"We have to determine with the county what those economic losses were, including wages, benefits and time-off and seniority, and job position, things of that nature," said Boreanaz.
Erie County's Commissioner of Labor Relations says the county is currently reviewing all of its options. You can read the arbitrator's opinion and award right here.
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