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Labor & Employment Law

New York Public Personnel Law New York Public Personnel Law

Summaries of and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State.

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Last Entry: January 23, 2015 at 07:00:00

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Proposed changes to the Education Law §3020-a disciplinary procedures

Posted on January 23, 2015
Proposed changes to the Education Law §3020-a disciplinary proceduresSource: Office of the GovernorOn January 21, 2015 Governor Andrew M. Cuomo presented his ?2015 Opportunity Agenda? in course of delivering his "State of the State Message."The Governor said that ?The current teacher discipline and termination system, commonly known as 3020-a hearings, is broken...


Arbitrator rules that retired employees entitled to certain benefits available to active employee as though their service ?was not interrupted?

Posted on January 22, 2015
Arbitrator rules that retired employees entitled to certain benefits available to active employee as though their service ?was not interrupted?Matter of Port Auth. of N.Y. & N.J. v Port Auth. Police Lieutenants Benevolent Assn., 2015 NY Slip Op 00459, Appellate Division, First Department [See, also, Matter of Port Auth...


New York State's Public Administration Traineeship Transition Program (PATT)

Posted on January 21, 2015
New York State's Public Administration Traineeship Transition Program (PATT) Source: NYS Department of Civil Service?s Division of Staffing Services General Information Bulletin, #15-01The New York State Department of Civil Service?s Division of Staffing Services has issued a General Information Bulletin, Bulletin #15-01...


Elements considered by courts in evaluating the results of an arbitration

Posted on January 20, 2015
Elements considered by courts in evaluating the results of an arbitration2015 NY Slip Op 00444, Appellate Division, First DepartmentIn response to a challenge to an arbitration award where the penalty imposed was termination, Supreme Court denied the Article 75 petition seeking to vacate and arbitration award The Appellate Division affirmed the Supreme Court?s ruling, noting the following elements concerning the arbitration:1...


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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 16, 2014

Posted on January 19, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 16, 2014Click on text highlighted in color  to access the full reportNew York State Comptroller Thomas P. DiNapoli Wednesday announced his office completed audits of the:Clark Mills Fire District, Village of Clinton, Elba Fire Department, Village of Ellenville, Village of Harriman, Hughsonville Fire Company, Village of Livonia, Plattekill #1 Fire District, and the Town of Schroeppel.


Journalists who cover the law may apply for Loyola Law School?s four-day Civil Justice Fellowship Program

Posted on January 17, 2015
Journalists who cover the law may apply for Loyola Law School?s four-day Civil Justice Fellowship Program The Civil Justice Program at Loyola Law School, Los Angeles will host its 10th-annual Journalist Law School from Wednesday, May 27 through Saturday, May 30, 2015 on its Frank Gehry-designed campus in downtown Los Angeles...


Claims for pay resulting from a suspension without pay in excess of 30 days in connection with disciplinary action taken pursuant to Civil Service Law §75 can be resolved independently of the disciplinary proceeding

Posted on January 16, 2015
Claims for pay resulting from a suspension without pay in excess of 30 days in connection with disciplinary action taken pursuant to Civil Service Law §75 can be resolved independently of the disciplinary proceedingRea v City of Kingston, 2014 NY Slip Op 09079, Appellate Division, Third DepartmentSupreme Court, Ulster County, directed the City of Kingston to reinstate Christopher Rea to his position as Assistant Fire Chief for respondent City of Kingston with an award of retroactive back pay...


The two-prong test used by the court to determine "whether a grievance is arbitrable"

Posted on January 15, 2015
The two-prong test used by the court to determine "whether a grievance is arbitrable" In the Matter of arbitration between County of Herkimer v Civil Serv. Employees Assn., Inc., 2015 NY Slip Op 00125, Appellate Division, Fourth Department A probation officer employed by Herkimer County, John Hight, applied for a promotion to the position of probation supervisor...


Additional Staffing changes announced by New York State?s Governor Andrew M. Cuomo

Posted on January 14, 2015
Additional staffing changes announced by New York State?s Governor Andrew M. CuomoSource: Office of the GovernorThe Governor will nominate the following eight individuals for appointments requiring Senate confirmation:  William Thompson to serve as Chair of the New York State Housing Finance Agency (HFA) and the State of New York Mortgage Agency (SONYMA)...


Accessing personal social medial during working hours

Posted on January 13, 2015
Accessing personal social medial during working hoursMatter of Brookville Ctr. for Children's Servs., Inc.--Commissioner of Labor), 2014 NY Slip Op 08703, Appellate Division, Third DepartmentAn employee [Claimant] was terminated when ran foul of the employer's written policy prohibiting employees from posting on social media "during work hours, unless for specific and approved business purposes...


Violating an employer's known policy may result in disciplinary action and can constitute disqualifying misconduct for unemployment insurance benefit purposes

Posted on January 12, 2015
Violating an employer's known policy may result in disciplinary action and can constitute disqualifying misconduct for unemployment insurance benefit purposesMatter of Intini (Commissioner of Labor), 2014 NY Slip Op 08933, Appellate Division, Third DepartmentThe Unemployment Insurance Appeal Board which ruled that claimant Andrew J...


Staffing changes announced by New York State?s Governor Andrew M. Cuomo

Posted on January 12, 2015
Staffing changes announced by New York State?s Governor Andrew M. CuomoSource: Office of the GovernorBill Mulrow has been appointed Secretary to the Governor. He succeeds Lawrence Schwartz, who departs the administration for the private sector. Mr. Mulrow has more than 30 years of experience in business, government and politics...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 10, 2015

Posted on January 10, 2015
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending January 10, 2015Click on text highlighted in color  to access the full reportOn January 9, 2015, New York State Comptroller Thomas P...


An educator who resigned from his or her tenured position is not automatically given tenure status upon his or her subsequently employment by the school district

Posted on January 09, 2015
An educator who resigned from his or her tenured position is not automatically given tenure status upon his or her subsequently employment by the school district Brennan v City of New York, 2014 NY Slip Op 08905, Appellate Division, First DepartmentSupreme Court sustained the New York City Department of Education's determination terminating Philomena Brennan employment, and dismissed her petition...


A board member?s involvement in the disciplinary process does not automatically require recusal of that individual

Posted on January 08, 2015
A board member?s involvement in the disciplinary process does not automatically require recusal of that individual2014 NY Slip Op 08892, Appellate Division, Third DepartmentA former employee of the Madison County Probation Department filed a personnel complaint and threatened litigation regarding actions by her supervisor [Supervisor]...


Challenging an arbitration award

Posted on January 07, 2015
Challenging an arbitration award2014 NY Slip Op 08850, Appellate Division, Second DepartmentIn a proceeding pursuant to CPLR Article 75, the employee petitioned the court to vacate an arbitration award finding that the employer's denial of the employee?s application for tenure did not violate a collective bargaining agreement between the City University of New York (CUNY) and the Professional Staff Congress, CUNY's statement of personnel practices, or CUNY's bylaws...


Recent determinations by New York City?s Office of Administrative Trials and Hearing Administrative Law Judges

Posted on January 06, 2015
Recent determinations by New York City?s Office of Administrative Trials and Hearing Administrative Law JudgesClick on material in color to access the full text of the opinion Off-duty misconduct A correction officer committed misconduct when she got into an off-duty fight in an optical store;  pulled down a display case, broke mirrors, threw a chair at the optician, advanced toward him while brandishing a piece of broken glass and grabbed the optician in a bear hug...


Status of a public officer upon the expiration of his or her term of office

Posted on January 05, 2015
Status of a public officer upon the expiration of his or her term of officeAuffredou v Board of Trustees of Vil. of Cornwall-on-Hudson, 2014 NY Slip Op 08835, Appellate Division, Second DepartmentAlleged that improperly removed him from the office of Village Treasurer of the Village of Cornwall-On-Hudson prior to the expiration of his statutory two-year term in violation of Public Officers Law §36, Stephen Auffredou filed a petition pursuant to Article 78 of the CPLR challenging the determination of Village of Cornwall-on-Hudson Mayor Brendan Coyne?s approving the appointment of Jeanne Mahoney to the office of Village Treasurer...


Although the ?management rights? clause in the collective bargaining agreement permitted the employer to restructure its workforce, the union retained the right to bargain over the practical impact of such action on the remaining employees

Posted on December 31, 2014
Although the ?management rights? clause in the collective bargaining agreement permitted the employer to restructure its workforce, the union retained the right to bargain over the practical impact of such action on the remaining employeesSanitation Officers Assn...


A momentary lapse in judgment resulting in the employee?s termination may not constitute disqualifying misconduct within the meaning of the Unemployment Insurance Law

Posted on December 30, 2014
A momentary lapse in judgment resulting in the employee?s termination may not constitute disqualifying misconduct within the meaning of the Unemployment Insurance LawSullivan (Brookville Ctr. for Children's Servs., Inc.-- Commissioner of Labor), 2014 NY Slip Op 08703, Appellate Division, Third DepartmentA claimant for unemployment insurance benefits [Claimant] had been employed for almost seven years...


An employer?s unilaterally adopted policy providing health insurance benefits to employees upon retirement may be rescinded with respect to employees retiring after the effective of the rescission

Posted on December 29, 2014
An employer?s unilaterally adopted policy providing health insurance benefits to employees upon retirement may be rescinded with respect to employees retiring after the effective of the rescission  Covel v Town of Peru,2014 NY Slip Op 08686, Appellate Division, Third Department Donald E...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 27, 2014

Posted on December 27, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 27, 2014Click on text highlighted in color  to access the full report DiNapoli: New Yorkers Foot the Bill for Billions in Public Authority Spending and Debt Spending by New York?s largest public authorities jumped $3...


Aide to Governor Cuomo's letter to State Regents Chancellor and State Education Commissioner seeks suggestions to improve the State's education system

Posted on December 26, 2014
Aide to Governor Cuomo's letter to State Regents Chancellor and State Education Commissioner seeks suggestions to improve the State's education systemSource: Hornell New York The Evening Tribune [Updated Dec 24, 2014]An article appearing in the Hornell [NY] Evening Times captioned ?Cuomo aide: Teacher reforms top governor's agenda,? by Al Bruce reports that ?A letter sent to high-ranking state education officials last week by a top aide to Gov...


Court review of an interim order of an arbitrator

Posted on December 24, 2014
Court review of an interim order of an arbitratorKramer v Geldwert, 2014 NY Slip Op 08732, Appellate Division, First DepartmentSupreme Court denied the petitioner?s motion for discovery in aid of arbitration and dismissed the matter. The Appellate Division unanimously affirmed the lower court?s ruling...


Police agency's records concerning breath alcohol measurement instruments may be obtained pursuant to a Freedom of Information Law request

Posted on December 23, 2014
Police agency's records concerning breath alcohol measurement instruments may be obtained pursuant to a Freedom of Information Law requestLaw Offs. of Adam D. Perlmutter, P.C. v New York City Police Dept., 2014 NY Slip Op 08722, Appellate Division, First DepartmentThe Law Offices of Adam D...


Audit reports of public entities posted on the Internet by New York State's Comptroller Thomas P. DiNapoli on December 23, 2014

Posted on December 23, 2014
Audit reports of public entities posted on the Internet by New York State's Comptroller Thomas P. DiNapoli on December 23, 2014Click on text highlighted in color  to access the full reportTown of Broome ? Purchasing and Justice Court (Schoharie County) The board did not ensure purchases were made at the lowest cost, in compliance with the town?s procurement policy, and used for proper Town purposes...


An employee's status as reported in the agency?s records control notwithstanding an error in correspondence concerning the employee?s employment status

Posted on December 22, 2014
An employee's status as reported in the agency?s records control notwithstanding an error in correspondence concerning the employee?s employment status2014 NY Slip Op 08718, Appellate Division, First DepartmentAn individual [Officer] initiated the grievance process set out in collective bargaining agreement challenging the Metropolitan Transportation Authority Police Department?s director of labor relations' action that ?purportedly terminated [Officer?s] employment as a police officer?  with Authority?s Police Department...


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 20, 2014

Posted on December 20, 2014
Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 20, 2014Click on text highlighted in color  to access the full reportDiNapoli: Audit Reveals Theft of Cash, Questionable Spending by Minetto Volunteer Fire Department ChiefThe chief of the Minetto Volunteer Fire Company in Oswego County spent nearly $6,000 in public funds on personal purchases such as guns and motorcycle parts, according to an audit released Friday by State Comptroller Thomas P...


An award of back pay plus $200,000 in compensatory damages, plus interest, sustained as reasonably related to the wrongdoing and comparable to other awards for similar injuries

Posted on December 19, 2014
An award of back pay plus $200,000 in compensatory damages, plus interest, sustained as reasonably related to the wrongdoing and comparable to other awards for similar injuriesState Div. of Human Rights v Steve's Pier One, Inc., 2014 NY Slip Op 08445, Appellate Division, Second Department In a ruling dated October 12, 2011, the Commissioner of the New York State Division of Human Rights adopted the recommendation and findings of an administrative law judge...


Availability of the ?faithless servant doctrine? to deny benefits set out in a collective bargaining agreement

Posted on December 18, 2014
Availability of the ?faithless servant doctrine? to deny benefits set out in a collective bargaining agreementUnion-Endicott Cent. Sch. Dist. v Peters, 2014 NY Slip Op 08533, Appellate Division, Third DepartmentJoanne Peters, a teacher by the Union-Endicott Central School District, attempted to retire from her position after allegations surfaced that she had stolen District property...


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