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Academic

Adjunct Law Prof Blog

By Mitchell H. Rubinstein

Post Frequency: 42.5/day

Last Entry: April 01, 2011 at 01:00:00

No Notice Of Claim Necessary In Public Sector Labor Arbitration

Posted on April 22, 2009
Matter of Local 832 v. NYC Dept. of Education, ___A.D.3d___(1st. Dept. March 26, 2009), is an interesting case. The Board argued that the motion to compel arbitration should be dismissed because the union did not file a Notice of Claim...

Law Students Beware! Failure To Pay College Loans Prevents Law School Graduate From Being Admitted To New York Bar!

Posted on April 21, 2009
Matter of Anonymous, 2009 NY Slip Op 02883, ___A.D.3d____(3rd Dep't. April 16, 2009), is a decision that every law student and every law school should be aware of. After a student graduated from law school and passed the New York...

U.S. News 2010 Law School Ratings Leaked!!

Posted on April 21, 2009
Tax Prof Blog and the Faculty Lounge have posted links to the 2010 U.S. News Law School rankings which appear (repeat the word I am using is appear) to be legitimate. The scans are available here. (Top 100 Schools). Tiers...

Some Lawyers Giving Up Blackberrys For i-Phones-Why??

Posted on April 21, 2009
Some Lawyers Give Up Blackberrys For i Phones is an interesting ABA Journal Blog March 24, 2009 story. As the article states: Some lawyers are giving up their BlackBerrys for iPhones, preferring the latter gadget's big screen and slick interface....

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Employee serving a disciplinary probationary period terminated after violation of the terms of a disciplinary settlement

Posted on April 21, 2009
Matter of Outley v Upstate Med. Univ., 2009 NY Slip Op 02162, Decided on March 20, 2009, Appellate Division, Fourth Department Joanne Outley, an employee at SUNY?s Upstate Medical Center, was served with disciplinary charges alleging that she was guilty...

9th Holds Transgender Plaintiff Can Bring Case Based Upon Sexual Sterotyping

Posted on April 20, 2009
Kastl v. Maricopa Community College, __F.3d___(9th Cir. April 14, 2009), is an important, but short decision. Though homosexuality is not protected under Title VII, sexual sterotyping is. Thus, a transgender may be a case based upon sexual sterotyping...

NLRB Issues Advisory Opinion Over Its Jurisdiction

Posted on April 20, 2009
Here is something you do not see very often-an NLRB advisory opinion. At issue in Steven Scott Entertainment, 353 NLRB No. 115 (March 20, 2009), is whether the Board will assert jurisdiction over an entertainment company which provided musical bands....

NLRB Establishes ADR Program To Settle ULP's

Posted on April 20, 2009
The NLRB has finally embraced ADR. A March 24, 2009 Press Release describes how the NLRB is going to make its temporary NLRB ADR program permanent given the success in the temporary program (60% settlement rate). The program is basically...

Subpoena Power of Arbitrators Over Third Parties

Posted on April 20, 2009
Courts Differ on Subpoena Power of Arbitrators Over Third Parties is an interesting March 25, 2009 New York Law Journal article (registration required). Though the article focuses on FAA commercial arbitration, the article is also relevant to labor arbitration...

Book Review-Zeigler, How I Teach

Posted on April 19, 2009
Donald H. Zeigler, a popular law professor at New York Law School, recently published How I Teach (Tribeca Square Press (2008). The book, actually its a soft paper back monograph, spans 50 pages and was just a joy to read....

Official Frank Serpico Website

Posted on April 18, 2009
Do you remember the movie Serpicio? It was about a NYC copy who exposed corruption within the NYC Police Department. It was a true story. Now, the real Frank Serpico is establishing a website to help expose corruption. He also...

Retrenchment 101 ? basics concerning the layoff of employees from positions in the public service of the State and its political subdivisions

Posted on April 18, 2009
N.B. The following is a basic and limited overview of the often complex laws, rules and regulations, and court rulings, that must be considered and applied in a layoff situation. Many municipalities and school districts have announced, or cautioned, that...

Sexual Harassment Liberally Interpreted Under NYC's Local Law

Posted on April 17, 2009
When we think of employment discrimination most of us turn to federal law and assume that state and local law will be interpreted in the same manner. Such an assumption is a mistake-particularly in NYC. New Rules For Harassment Claims...

Nurse Literally Called Out Of Surgery To Be Informed That She Is Fired

Posted on April 17, 2009
Sometimes you cannot make this stuff up. A April 15, 2009 AP report that was picked up by MSNBC reports that a RN was called out of surgery to be informed that she was being laid off. As the article...

Primer on ADA Amendments

Posted on April 17, 2009
Disability Law is an excellent March 17, 2009 New York Law Journal Article that reads like a primer on disability law. It describes the major changes to the ADA as follows: The ADAAA did not change the basic definition of...

Bankrupt municipality may void union contracts

Posted on April 17, 2009
In a case of first impression, a municipality in bankruptcy may reject its collective bargaining agreements with the firefighters and electrical workers unions, a federal bankruptcy court ruled, concluding Chapter 9 of the Bankruptcy Code permits a municipality to reject...

X-Con May Become A Substitute Teacher

Posted on April 16, 2009
Matter of Talib El v. NYC Department of Education, 401571/08, ___Misc. ___(N.Y. Co. April 1, 2009), is an important decision. The court held that the City improperly refused an X Con's application to be a substitute teacher because the City...

Adjunct Law Prof Blog Cited In Shane, Teachers As Sexual Harassment Victims, Florida Law Review

Posted on April 16, 2009
On July 9, 2007, I posted an article about Mongelli v. Red Clay Consolidated School Dist. Bd. of Education, __F. Supp. 2d __, 2007 WL 1592967 (D.Del. 2007)(registration required). I characterized that decision as shocking. The court held that a...

Refusal to take lessons to improve English did not cause discharge

Posted on April 16, 2009
Zokari v Gates,___F.3d___(10th Cir. March 17, 2009), is an interesting case out of the 10th circuit. Plaintiff, a Nigerian-born employee who was discharged for "poor work performance" shortly after refusing to take lessons to improve his English. The court held...

Discharge for profanity directed at VP did not violate NLRA

Posted on April 16, 2009
Media General Operations v NLRB, ___F.3d___ (4th Cir. March 13, 2009), is an important case. A newspaper pressman who called his employer's vice president of operations a "stupid f --moron," in response to the executive's letter to pressmen about ongoing...

Show Up Pay Is Objectionable Per Se

Posted on April 15, 2009
Durham School Services, 353 NLRB No. 129 (April 1, 2009), illustrates an important principle of labor law. A party may not pay employees to show up to vote-even if the election is on their day off. Member Schaumber does not...

Big Brothers Watching

Posted on April 15, 2009
Administration Seeks Increase in Oversight is an interesting NY Times article from March 22, 2009. It is about the fact that the Obama Adminstration is seeking additional oversight with respect to Executive Pay at financial institutions. The article is abit...

Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug test

Posted on April 15, 2009
Department of Sanitation and Henry Morrison, OATH Index No. 894/09 OATH Administrative Law Judge Kara Miller recommended termination for a sanitation worker, Henry Morrison, after finding that he was guilty of failing to be at home after reporting sick on...

Employer Committed ULP By Discharging A Supervisor

Posted on April 14, 2009
Normally, supervisors are not protected under the NLRA. However, Woodbury Partners, 353 NLRB No. 112 (March 18, 2009), demonstrates that that there are circumstances where supervisors are protected under the Act. As the Board explained: As we stated in our...

Rubinstein, Duty Of Fair Representation Jurisprudential Reform, 42 U. Michigan J. Law Reform 517 (2009)

Posted on April 14, 2009
I am delighted to announce the publication of my latest article, Mitchell H. Rubinstein, Duty of Fair Representation Jurisprudential Reform: The Need To Adjudicate Disputes In Internal Union Review Tribunals And The Forgotten Remedy of Re-Arbitration, 42 U...

Workplace Defamation Actions Increasing

Posted on April 14, 2009
Workplace Defamation Suits rise is an interesting April 13, 2009 National Law Journal article. The article speculates that this is due to the poor economy. As the article states: Defamation lawsuits are on the rise in the workplace as employees...

Important Employment Award Not An Adverse Employment Action

Posted on April 14, 2009
Douglas v. Preston, No. 07-5339, ___F.3d___(D.C. Cir. March 12, 2009), is an important Title VII case. The plaintiff, a federal employee, was not awarded the President's Award which is literally awarded by the President for outstanding performance. However, the majority...

5th Circuit upholds Texas moment of silence law

Posted on April 14, 2009
Croft v. Perry, ___F.3d___ (5th Cir. Mar. 16, 2009), is an interesting case. The 5th held that a Texas mandatory moment of silence law does not violate the Establishment Clause. The statute requires local school boards to set aside one...

Texas pledge of allegiance reference to ?under God? is constitutional

Posted on April 13, 2009
Croft v. Perry, ___F.Supp.2d___ (N.D. Tex. Mar. 26, 2009), is an important case. A district court has held that a 2007 law amending the Texas Pledge of Allegiance to include the phrase ?one state under God? does not violate the...

Supremes Deny Cert Of Ruling That Driving Is A Major Life Activity

Posted on April 13, 2009
On April 10, 2009, the Supremes denied cert in Kellogg v. Energy Safety Services, Inc., 544 F.3d 1121 (10th 2008), which held that driving is not a major life activity under the ADA. While acknowledging that driving is an extremely...

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