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Labor & Employment 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.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Are appointment promises that are not met binding on the appointment authority?

Posted on February 24, 2011
Are appointment promises that are not met binding on the appointment authority?Carson v NYC Dept. of Sanitation, 271 AD2d 380 The Carson decision demonstrates the general rule that promises made by a public employee to an applicant or to another worker are not binding on the appointing authority unless the individual is authorized to make such commitments on behalf of the appointing authority...

The arbitrator decides if a party in prior arbitration decision may claim res judicata or collateral estoppel in a subsequent arbitration

Posted on February 24, 2011
The arbitrator decides if a party in prior arbitration decision may claim res judicata or collateral estoppel in a subsequent arbitration Town of Newburgh v CSEA, 272 AD2d 405Although an arbitrator sustained the Newburgh?s dismissal of an employee who was found guilty of testing positive for marijuana, this did not end the matter...

Police officer?s application for GML §207-c benefits denied for failure to file the application as required by the collective bargaining agreement

Posted on February 23, 2011
Police officer?s application for GML §207-c benefits denied for failure to file the application as required by the collective bargaining agreementMatter of Laird v Village of Pelham Manor, 2011 NY Slip Op 01278, Appellate Division, Second DepartmentThe PBA and the Village of Pelham Manor entered into a collective bargaining agreement that included a procedure to be followied by an police officers seeking disability and other benefits available to him or to her pursuant to General Municipal Law §207-c...

Disciplinary charges filed against employee for alleged negligent operation of an agency motor vehicle

Posted on February 23, 2011
Disciplinary charges filed against employee for alleged negligent operation of an agency motor vehicleTaxi & Limousine Commission v Alvarez, OATH Index # 924/11OATH Administrative Law Judge Alessandra Zorgniotti found that a Taxi & Limousine Commission inspector, Rafael Alvarez, negligently operated a City car when he failed to yield the right-of-way and collided with another car...

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Placing an individual on unpaid administrative leave did not violate employee's Fourteenth Amendment rights to due process

Posted on February 23, 2011
Placing an individual on unpaid administrative leave did not violate employee's Fourteenth Amendment rights to due processPaul Barrows v John Wiley and Luoluo, US Circuit Court of Appeals, 7th No. 05 C 658, 2007 U.S. App. LEXIS 3792The U.S. Circuit Court of Appeals ruled that placing a public university employee on unpaid administrative leave and requiring him to use leave credits in order to remain on the payroll did not violate his Fourteenth Amendment rights to due process...

Employee?s termination for off-duty misconduct bars unemployment insurance award

Posted on February 23, 2011
Employee?s termination for off-duty misconduct bars unemployment insurance awardMatter of [Anonymous] v Commissioner of Labor, 38 AD3d 961A New York State Trooper was involved in a one-vehicle accident while off-duty. Found to have been drinking alcohol prior to the accident and uncooperative with the local police officers investigating, the Division found that the Trooper?s actions were in violation of the Division?s Regulations prohibiting conduct "tending to bring discredit upon the Division of New York State Police...

In an Article 75 action to vacate an arbitration award, the moving party is required to prove its entitlement to a vacation of the arbitrator's award

Posted on February 22, 2011
In an Article 75 action to vacate an arbitration award, the moving party is required to prove its entitlement to a vacation of the arbitrator's award Matter of New York State Dept. of Correctional Servs. v New York State Correctional Officers & Police Benevolent Assn...

The New York State Civil Service Law is now available as an "app" for use with an iPad, iPhone or iPod Touch

Posted on February 22, 2011
The New York State Civil Service Law is now available as an "app" for use with an iPad, iPhone or iPod TouchSource: Appolicious Inc.The developer of this application reports that it provides the full text of the 2011 New York Civil Service Law [sic] in an easily readable and searchable format and provides the user with the following:The full text of the New York State Civil Service LawThe ability to perform a fast full-text search and to search within search results to narrow down matches and create bookmarks ...

PERB ALJ holds the County?s unilateral discontinuing its past practice of reimbursing Medicare Premiums to its retirees an improper practice

Posted on February 21, 2011
PERB ALJ holds the County?s unilateral discontinuing its past practice of reimbursing Medicare Premiums to its retirees an improper practice In the Matter of Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, and County of St. Lawrence, Public Employment Relations Board, Case no...

Layoff, Preferred Lists and Reinstatement of public employees in New York State

Posted on February 19, 2011
Layoff, Preferred Lists and Reinstatement of public employees in New York StateAn electronic handbook published by the Public Employment Law Press, Library of Congress Control Number: 2009925871If a public employer does not layoff the least senior individual in the layoff unit it will usually be required to reinstate that individual with back pay and benefits...

Administrative decision to be reconsidered after court finds that not all of the arguments of the petitioner were considered by the hearing officer

Posted on February 18, 2011
Administrative decision to be reconsidered after court finds that not all of the arguments of the petitioner were considered by the hearing officerMatter of Cohen v New York State & Local Employees' Retirement Sys., 2011 NY Slip Op 01109, Appellate Division, Third DepartmentThis decision by the Appellate Division illustrates the importance of the administrative hearing officer considering, and ruling on, all of the arguments and theories submitted by a petitioner in the course of an administrative hearing...

Article 78 action held the appropriate vehicle to test a public employer?s administrative determination, or failure to act

Posted on February 18, 2011
Article 78 action held the appropriate vehicle to test a public employer?s administrative determination, or failure to actAdams v The City of New York, 271 AD2d 341Typically, challenges to action or inaction by a governmental agency are brought pursuant to Article 78 of the Civil Practice Law and Rules...

Authority of the arbitrator

Posted on February 18, 2011
Authority of the arbitratorKimball v Pine Plains CSD, 272 AD2d 332Kimball involves two common proceedings brought pursuant to Article 75 of the Civil Practice Law and Rules [CPLR]: one to confirm an arbitrator?s award; the other to vacate the award. State Supreme Court Judge John R...

Requirements for defeating a motion for summary judgment

Posted on February 18, 2011
Requirements for defeating a motion for summary judgmentMason v MTA - New York City Transit Authority, #05-4349-CV, US Circuit Court of Appeals, 2nd CircuitSamuel Mason sued the Transit Authority alleging unlawful discrimination on the basis of age and race...

Comptroller may select between conflicting medical opinions and his decision will be sustained if supported by substantial evidence in the record

Posted on February 17, 2011
Comptroller may select between conflicting medical opinions and his decision will be sustained if supported by substantial evidence in the recordMatter of Micalizzi v DiNapoli, 2011 NY Slip Op 00772, Appellate Division, Third Department A police officer alleged that he harassed at work after he had publicly supported several fellow officers facing disciplinary action and further accused department officials of misconduct...

Are employees required to file a written answer to Section 75 disciplinary charges?

Posted on February 17, 2011
Are employees required to file a written answer to Section 75 disciplinary charges?A NYPPL analysisSection 75.2 provides that the appointing officer must allow the accused employee at least eight days to file his or her answer to disciplinary charges in writing...

Civilian and military service

Posted on February 17, 2011
A NYPPL analysisWhat is the status of the State?s Division of Military and Naval Affairs? [DMNA] positions staffed by civilian employees? This was the question recently posed by a reader. In the opinion of the editor, such positions are in the competitive class of the classified service unless placed in a different jurisdictional class by law, rule or regulation...

Establishing an employee organization

Posted on February 17, 2011
Establishing an employee organizationDeclaratory ruling, 32 PERB 6601Thinking of starting your own employee organization for the purpose of collective bargaining with a public employer? Then your next question should be: What does it take to be considered an employee organization for the purposes of the Taylor Law...

Exception to the exclusion of a ?pre-reporting for work accident? for the purposes of receiving workers? compensation benefits

Posted on February 16, 2011
Exception to the exclusion of a ?pre-reporting for work accident? for the purposes of receiving workers? compensation benefitsMatter of O'Neil v City of Albany Police Dept., 2011 NY Slip Op 00759, Appellate Division, Third DepartmentIn general, accidents that occur outside of work hours and in public areas away from the workplace are not compensable...

Preparing witnesses for an administrative hearing or a trial

Posted on February 16, 2011
Preparing witnesses for an administrative hearing or a trialHealth & Hospital Corp. [Queens Hospital Center] v Toval, OATH Index #500/11It is good practice to prepare each witness for an administrative hearing or a trial separately. A recent case adjudicated by an OATH Administrative Law Judge highlights potential pitfalls of preparing multiple witnesses for trial together...

Public employee not always entitled to a name-clearing hearing

Posted on February 16, 2011
Public employee not always entitled to a name-clearing hearingBrown v Simmons, 478 F.3d 922The lesson in Brown v Simmons is that a public employee is not entitled to a name-clearing hearing to rebut statements of a defamatory nature except when he or she has been terminated by the employer...

Leave of absence from former position upon appointment from an open-competitive eligible list not required

Posted on February 16, 2011
Leave of absence from former position upon appointment from an open-competitive eligible list not requiredBethel v McKechnie, Ct. of Appeals, 95 NY2d 7Is an appointing authority required to hold open a permanent employee?s position until the individual has completed his or her probationary period in a position to which he or she has been appointed from an open-competitive eligible list? In Bethel the Court of Appeals ruled that a public employee who accepts an appointment to a position from an open competitive examination effectively resigned from his or her former position...

Employer's failure to explain selection decision to rebut eligible's claim of denial promotion negates summary dismissal of employee's petition

Posted on February 16, 2011
Employer's failure to explain selection decision to rebut eligible's claim of denial promotion negates summary dismissal of employee's petitionBaker v Elmira, 271 AD2d 906What may individual who believes that he or she has been passed-over for appointment to a position in the competitive class for political reasons do in such a situation? James A...

Employee?s failure to provide an adequate urine sample attributed to employer?s failure to comply federal procedures rather than employee misconduct

Posted on February 15, 2011
Employee?s failure to provide an adequate urine sample attributed to employer?s failure to comply federal procedures rather than employee misconductDept. of Sanitation v Anonymous, OATH Index No. 765/11OATH Administrative Law Judge Kevin Casey dismissed a charge alleging that a sanitation worker had refused to submit to a random drug test...

Firefighter?s training exercise injury not an accident for disability benefit purposes

Posted on February 15, 2011
Firefighter?s training exercise injury not an accident for disability benefit purposesMatter of Stimpson v Hevesi, 38 AD3d 979Christopher W. Stimpson, a firefighter employed by the Village of Scarsdale Fire Department in Westchester County, was injured during a training exercise...

Salary upon appointment

Posted on February 15, 2011
Salary upon appointmentGolanec v Culross, 272 AD2d 471Rye police officer Jeffrey Golanec claimed that in consideration of his experience as a police officer, he was entitled to be appointed at a higher salary step of the salary grade of his position rather than at the entrance level rate...

Health insurance coverage for domestic partners

Posted on February 14, 2011
Health insurance coverage for domestic partnersMatter of Putnam/Northern Westchester Bd. of Coop. Educ. Servs. v Westchester County Human Rights Commn, 2011 NY Slip Op 01030, Appellate Division, Second DepartmentA woman employed by a school district that provides its employees with health insurance coverage through a BOCES "Health Benefits Consortium" had lived with a male partner in a romantic relationship for more than 30 years...

Guidelines and procedures for appointments pursuant to §§55-b and 55-c of the Civil Service Law

Posted on February 14, 2011
Guidelines and procedures for appointments pursuant to §§55-b and 55-c of the Civil Service LawSource: New York State Department of Civil Service - Division of Staffing ServicesThe New York State Department of Civil Service has published Policy Bulletin 11-01, setting out program guidelines and procedures for appointments pursuant to Civil Service Law §55-b [employment of persons with disabilities by the State as an employer] and Civil Service Law §55-c [employment of veterans with disabilities by the State as an employer]...

Candidate ineligible for appointment from the expired list

Posted on February 14, 2011
Candidate ineligible for appointment from the expired listHancock v The City of New York, 272 AD2d 80New York State Supreme Court Justice Ira Gammerman issued an order directing the New York City Department of Correctional Services to complete [Louis Hancock?s] hiring process and to pay him back pay from July 6, 1989, the date on which the department decided not to appoint Hancock, reduced by actual earnings from other employment...

Availability of direct action in the event the employee organizations refuses to process unit member?s grievance to arbitration

Posted on February 14, 2011
Availability of direct action in the event the employee organizations refuses to process unit member?s grievance to arbitrationBurning v Niagara Frontier Transit Metro System and Local 1342, 273 AD2d 830, Motion for leave to appeal denied, 95 NY2d 765Few collective bargaining agreements allow a unit member to file a demand to arbitrate a grievance...

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