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

Labor & Employment Law

: New York Public Personnel Law

Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor Law

Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor Law
New York State Correctional Officers and Police Benevolent Association, Inc. and State Of New York (Division Of Parole) PERB Decision U-26734

The Public Employment Relations Board affirmed, in part, and reversed, in part, a decision of an Administrative Law Judge with respect to an improper practice charge alleging that an employer violated §§209-a.1(a) and (c) of the Act by issuing and pursuing nine disciplinary charges against a shop steward for the content of his off-duty e-mail to bargaining unit members.

In the e-mail, the shop steward set forth his interpretation of a contract provision with respect to working on a weekday holiday and encouraged bargaining unit members to report to work on the holiday and seek premium pay for that work.

The ALJ found that the e-mail was protected activity and that the issuance and pursuit of a disciplinary charge against the shop steward for the content of the e-mail violated the Act. The ALJ dismissed the remainder of the charge.

On exceptions, the Board affirmed the ALJ's conclusion that the e-mail constituted protected activity finding that the employer failed to meet its burden of demonstrating that the e-mail was intentionally false, maliciously aimed at injuring the employer or that it is undeniably frivolous.

In addition, the Board affirmed the ALJ's conclusion that the disciplinary charge, with respect to the content of the e-mail, violated the Act.

However, the Board reversed the ALJ, in part, and concluded that the employer violated the Act by issuing and pursuing a second disciplinary charge against the shop steward for going to work on the holiday, and seeking premium pay, consistent with his e-mail.

Full post as published by New York Public Personnel Law on March 12, 2009 (boomark / email).