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Judicial review of staffing changes

By Harvey Randall, Esq.

Judicial review of staffing changes
Matter of Civil Serv. Employees Assn., Inc., Local 1000, 43 A.D.3d 1341, Appellate Division, Fourth Department

The Appellate Division vacated a lower court order permanently enjoined Erie County from laying off two County Correctional Facility employees.The union representing correction officers and others employed at the Erie County Correctional Facility (ECCF), sued to prevent the County from laying off ?at least 20 [ECCF] employees? on the ground that the reduction in staff ?creates an immediate and severe exacerbation of the danger to the safety and health of the remaining staff.?

In vacating the lower court?s order the Appellate Division said the ?The statutory right to a safe workplace may not be enforced by means of a remedy at law which would require the judiciary to preempt the exercise of discretion by [another] branch of government.?

The decision noted that lawful acts of executive branch officials, performed in satisfaction of responsibilities conferred by law, ?involve questions of judgment, allocation of resources and ordering of priorities, which are generally not subject to judicial review.?

Full post as published by New York Public Personnel Law on May 02, 2008 (boomark / email).