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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.

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

U.S. Circuit Court holds that not being recommended for the Presidential Rank Award not an adverse employment action

Posted on April 17, 2009
U.S. Circuit Court holds that not being recommended for the Presidential Rank Award not an adverse employment actionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

First circuit appeals court upholds two-member quorum of NLRB

Posted on April 17, 2009
First circuit appeals court upholds two-member quorum of NLRBSource: Jackson Lewis LLP. Reproduced with permission. Copyright © 2009, Jackson Lewis. Originally published by Jackson Lewis, LLP, at http://www.jacksonlewis.com/ All rights reserved.In a case of first impression, the U...

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

Posted on April 16, 2009
Layoff, Preferred Lists and Reinstatement of public employees in New York StatePublic Employment Law PressThis 340-page electronic book provides a concise guide to the applicable laws, rules and regulations, together with summaries of selected court and administrative decisions concerning the layoff and reinstatement of employees of New York State and its political subdivisions and school districts...

Threatening termination for any leave after the expiration of FMLA leave interfered with employee?s FMLA rights

Posted on April 16, 2009
Threatening termination for any leave after the expiration of FMLA leave interfered with employee?s FMLA rightsSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

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Union has no duty to act after member files a grievance on his or her own behalf

Posted on April 16, 2009
Union has no duty to act after member files a grievance on his or her own behalfGeorge Carr and Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO and County Of Westchester. ALJ Blassman, PERB U-27258The ALJ dismissed Carr's charge, which alleged that CSEA violated §§209-a...

Of special interest to public colleges and universities and public school districts - §403(b) prototype plans and sample plan language

Posted on April 16, 2009
Of special interest to public colleges and universities and public school districts - §403(b) prototype plans and sample plan languageInternal Revenue Service advisory - Internal Revenue Code §403(b)The IRS is seeking comments on the proposed §403(b) plan prototype program and the ?sample plan language for drafting §403(b) prototype plans...

Duty Of Fair Representation Jurisprudential Reform:

Posted on April 15, 2009
Duty Of Fair Representation Jurisprudential Reform: The Need To Adjudicate Disputes In Internal Union Review Tribunals And The Forgotten Remedy Of Re-Arbitration by Mitchell H. Rubinstein*42 U. Michigan J. L. Reform 517 (Spring 2009)http://papers.ssrn...

Removal of a public officer by the Appellate Division pursuant to Public Officers Law §36

Posted on April 15, 2009
Removal of a public officer by the Appellate Division pursuant to Public Officers Law §36Matter of Salvador v Ross, 2009 NY Slip Op 02710, decided on April 9, 2009, Appellate Division, Third DepartmentJohn Salvador Jr. asked the court to remove Teri Ross from her position of Assessor of the Town of Queensbury pursuant to Public Officers Law §36 for "mismanagement...

Immunity of a municipality bars punitive damages award

Posted on April 15, 2009
Municipality immune from award of punitive damages by administrative law judgeCollins v Village of Lynchburg, Ohio, Decisions of the Administrative Review Board ARB No. 07-079, ALJ No. 2006-SDW-3The U.S. Department of Labor's Administrative Review Board affirmed the Administrative Law Judge's finding that the Village of Lynchburg, Ohio, had violated the whistleblower provision of the Safe Drinking Water Act [SDWA] when it fired Michael Collins two hours after learning that he had called the Ohio EPA office about whether a proper procedure had been followed for a bacteria test for the village's water supply...

Individual denied retirement incentive provided in collective bargaining agreement

Posted on April 14, 2009
Individual denied retirement incentive provided in collective bargaining agreementSpano v Kings Park Cent. School Dist., 2009 NY Slip Op 02771, Decided on April 7, 2009, Appellate Division, Second DepartmentThe collective bargaining agreement (CBA) between Kings Park Central School District and CSEA provided that Kings Park would pay a $13,000 retirement bonus to any employee with 10 years of service who notified Kings Park by March 1, 2006, of his or her intent to retire by January 1, 2007...

Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolve

Posted on April 14, 2009
Procedural issues concerning the arbitrability of a grievance is for the arbitrator to resolveMatter of Board of Educ. of Schenectady City School Dist. v Schenectady Fedn. of Teachers, 2009 NY Slip Op 02716, Decided on April 9, 2009, Appellate Division, Third DepartmentThe collective bargaining agreement (CBA) between the Schenectady City School District and the Schenectady Federation of Teachers provided that "[a]ll teachers may be required to attend no more than three (3) evening meetings a year...

In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employee

Posted on April 14, 2009
In contrast to removing a school official, the Commissioner of Education does not have the authority to direct the removal of a school employeeParent of Student v East Meadow UFSD, Commissioner of Education Decision 15,907The parents of a student at East Meadow UFSD asked the Commissioner to remove two school employees from their respective positions for alleged ?willful misconduct and neglect of duty...

A school board waiver of its right to dismiss a probationary school administrator at any time during the probationary term must be explicitly stated

Posted on April 13, 2009
A school board waiver of its right to dismiss a probationary school administrator at any time during the probationary term must be explicitly statedConsedine v Portville Cent. School Dist., 2009 NY Slip Op 02645, Decided on April 7, 2009, Court of AppealsThe Portville Central School District appointed John R...

Past practice ? time off to donate blood

Posted on April 13, 2009
Past practice and the reversion defenseLocal 891, International Union Of Operating Engineers, AFL-CIO and Board Of Education of The City School District of The City Of New York, PERB U-27711, ALJ Cacavas A PERB Administrative Law Judge held that where evidence establishes a practice of allowing employees to book out of their shifts on blood donation days, without any limitation on the hours taken, the employer violated the Act by prospectively enforcing a ten year old policy which contained said limitation, but had never been enforced...

EEO/iNews

Posted on April 13, 2009
EEO/iNewsCases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Please note that publication of

Posted on April 09, 2009
Please note that publication of New York Public Personnel Law will resume Monday, April 13, 2009.

Union?s attempt to resolve a grievance ?informally? does not toll the statute of limitations for filing the grievance

Posted on April 08, 2009
Union?s attempt to resolve a grievance ?informally? does not toll the statute of limitations for filing the grievanceMatter of Local 832 Term. Employees of the City of New York v Department of Educ. of the City of New York, 2009 NY Slip Op 02301, Decided on March 26, 2009, Appellate Division, First DepartmentLocal 832 Terminal Employees of the City of New York school lunch managers and school food service managers employed by Department of Education of the City of New York (DOE)...

COBRA Subsidy

Posted on April 08, 2009
COBRA SubsidyH.R.1-341 subchapter A of chapter 1 of the Internal Revenue Code of 1986 Employees laid off from their position may be eligible to receive a 65% "COBRA subsidy" for the payment of their health insurance premiums for up to nine months. The employee is responsible for paying the remainder, i...

Federal law does not permit racial discrimination based upon client's preferences

Posted on April 07, 2009
Federal law does not permit racial discrimination based upon client's preferences Pleener v. NYC Board of Education, ___F.3d___ (2d Cir. Feb. 24, 2009)Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission...

The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision

Posted on April 07, 2009
The administrative body, rather than its attorney, must indicate the basis for its administrative action or decision Matter of Weill v New York City Dept. of Educ., 2009 NY Slip Op 02534, decided on April 2, 2009, Appellate Division, First DepartmentScott A...

Disciplinary arbitrator has jurisdiction to hear a defense based on CSL §75-b, the Whistle Blower statute

Posted on April 07, 2009
Disciplinary arbitrator has jurisdiction to hear a defense based on CSL §75-b, the Whistle Blower statuteMatter of Kowaleski v New York State Dept. of Correctional Servs., 2009 NY Slip Op 02515, decided on April 2, 2009, Appellate Division, Third DepartmentNYS Correction Officer Barabara Kowaleski was served with a notice of discipline charging her with violating various provisions of the employees' manual as the result of her conduct on three separate occasions...

Challenging a layoff determination

Posted on April 06, 2009
Challenging a layoff determinationMatter of Janet Arnold, et al v Erie County Med. Ctr. Corp., 59 AD3d 1074The Arnold decision by the Appellate Division, 4th Department, sets out the steps involved in processing a lawsuit challenging the layoff of employees...

School board has broad discretion with respect to initiating disciplinary action against its members or employees of the district

Posted on April 06, 2009
School board has broad discretion with respect to initiating disciplinary action against its members or employees of the districtAppeal of Peter And Francesca Gonzalez, on behalf of their daughter Nilli, from action of the Board of Education of the Middleburgh Central School District, Decisions of the Commissioner of Education, Decision No...

"As Soon As Practicable" triggered based on possibility of the need for FMLA Leave

Posted on April 06, 2009
"As Soon As Practicable" triggered based on possibility of the need for FMLA LeaveSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr. Bosland is the author of A Federal Sector Guide to the Family and Medical Leave Act & Related Litigation...

Governor Paterson creates a task force to improve diversity in the State's workforce

Posted on April 03, 2009
Governor Paterson creates a task force to improve diversity in the State's workforceSource: Office of the GovernorA study by the New York Department of Civil Service reports that there is a discrepancy between state workforce and statewide labor force with respect to representation of Hispanics and persons with disabilities...

Supreme Court holds that CBA arbitration provisions can preclude employees from asserting statutory rights in court

Posted on April 03, 2009
Supreme Court holds that CBA arbitration provisions can preclude employees from asserting statutory rights in courtSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

Smith, Hodges, Stabile and Gely Principals of Employment Law

Posted on April 03, 2009
Smith, Hodges, Stabile and Gely Principals of Employment LawSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

EEO/iNews

Posted on April 03, 2009
EEO/iNewsSource: iNews Related to Equal Employment Opportunity - © 2009 John D. Sargent All Rights Reserved - Thursday, April 2, 2009EEO/iNews provides weekly links to Internet news related to employment discrimination based on race, sex, color, religion, national origin, age, disability, retaliation, FRD and LGBT...

Governor Paterson creates a task force to improve diversity in the State's workforce

Supreme Court holds that CBA arbitration provisions can preclude employees from asserting statutory rights in court

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