Labor & Employment Law

Disciplinary settlement agreement may preserve one or more allegations for subsequent action

By Harvey Randall, Esq.

Disciplinary settlement agreement may preserve one or more allegations for subsequent action
Matter of Shuler v State of New York, 2008 NY Slip Op 01826, Appellate Division, First Department, Decided on February 28, 2008

Jeffrey Shuler and the Downstate Medical Center settled a number of disciplinary charges brought against him. The agreement, however, specifically excluded one charge, Specification III, that alleged that Shuler had been involved in ?threatening behavior towards a supervisor.? The second paragraph of the settlement agreement, however, provided: "[t]his settlement represents the entire resolution of any/all current claims and grievances relating to this specific matter of [Shuler's] employment with SUNY/DMC." What was the impact of this ?zipper clause? with respect to the allegation that Shuler had exhibited ?threatening behavior? towards a superior?

The Appellate Division ruled that ?to reconcile these two paragraphs,? the second paragraph's reference to ?this specific matter? must necessarily be read as excluding Specification III.? Accordingly, the allegations in Specification III were neither settled nor withdrawn. As Shuler failed to avail himself of the grievance procedures set forth in the collective bargaining agreement, he is precluded from seeking relief in this CPLR article proceeding. In the words of the court, ?to read [the second paragraph] as including Specification III is to render meaningless the express exclusion of Specification III in the agreement's first paragraph.?

Full post as published by New York Public Personnel Law on March 10, 2008 (boomark / email).