Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

Labor & Employment Law

: New York Public Personnel Law

Proof an enforceable past practice required to support alleged §209-a.1(d) violation

Proof an enforceable past practice required to support alleged §209-a.1(d) violation
North Colonie Teachers Association, NYSUP/AFT/ NEA/AFT/CIO and North Colonie Central School District, Board decision, U-27717

The Board affirmed a decision of an ALJ dismissing an improper practice charge filed by the North Colonie Teachers Association (Association) alleging that the North Colonie Central School District (District) violated §209-a.1(d) of the Act when the District adopted a school calendar for the 2007-08 school year that included 188 work days. Based upon the evidence in the record, the Board concluded that the Association had failed to meet its burden of proof of establishing an enforceable past practice in the number of work days within a school year.

The Board found that the Association had failed to rebut the District's evidence establishing that the District applies consistent objective factors resulting in a fluctuation in the respective number of work days each year. These objective factors include annual variables linked to the general calendar year, including the number of work days in each calendar month and the days of the week when certain holidays fall.

Full post as published by New York Public Personnel Law on March 09, 2009 (boomark / email).