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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

Subcontracting school district?s bus service a mandatory subject of collective bargaining

Posted on November 15, 2008
Subcontracting school district?s bus service a mandatory subject of collective bargainingManhasset Educational Support Personnel Association, NYSUT, AFT, AFL-CIO and Manhasset Union Free School District; PERB U-26091 [Adapted from the PERB website]The Board held that the District violated the Act when it unilaterally subcontracted its bus transportation services to private contractors...

Register for motor vehicle recall notices

Posted on November 15, 2008
Register for motor vehicle recall noticesA public service announcement to NYPPL readersThe National Highway Traffic Safety Administration (NHTSA) will notify vehicle owners electronically in the event their car is subject to a recalled. Recall alerts will be sent via e-mail or RSS-feeds to personal computers or to cell phones or PDA devices automatically and free-of-charge...

Posting personal information on the Internet

Posted on November 14, 2008
Posting personal information on the InternetBursac v Suozzi, 2008 NY Slip Op 28437, Decided on October 21, 2008, Supreme Court, Nassau County, Justice William R. LaMarcaPublic employers, employee organizations representing public employees and employees themselves are, with increasing frequency, posting information on the Internet that some may view as violation of privacy or a violation of a statutorily or a constitutionally protected right...

The failure to respond to a letter containing a statement that if there were no response the writer would assume a particular event deemed ?an answer?

Posted on November 14, 2008
The failure to respond to a letter containing a statement that if there were no response the writer would assume a particular event deemed ?an answer?Town of Wallkill PBA and Town of Wallkill, PERB Improper Practice decision #U-27530A PERB Administrative Law Judge dismissed a charge alleging a violation of Civil Service Law 壯209a...

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Filling an unexpired term to an appointed office

Posted on November 14, 2008
Filling an unexpired term to an appointed officeInformal Opinions of the Attorney General, 2008-12The City Council appointed a new member to a board effective January 1, 2008 to replace an individual whose term of office ran from October 1, 2007 through and including September 30, 2012...

Civil Service in the Middle East

Posted on November 14, 2008
Civil Service in the Middle EastSource: Middle East Law Blog at http://mid-east-law.blogspot.com/Iraqis have determined that they want to return to a merit-based civil service. A new civil service law is expected next year.

Transit Workers Get Dues Check Off Back

Posted on November 13, 2008
Transit Workers Get Dues Check Off BackSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Court rules that suffering from a posttraumatic stress disorder does not excuse firefighter?s use of illegal drugs

Posted on November 13, 2008
Court rules that suffering from a posttraumatic stress disorder does not excuse firefighter?s use of illegal drugsMatter of Kelly v Scoppetta, 2008 NY Slip Op 08490, Decided on November 5, 2008, Appellate Division, Second DepartmentNew York City Fire Commissioner Nicholas Scoppetta dismissed Firefighter Thomas Kelly from his position after Kelly was found guilty three charges of misconduct...

Reporting requirements of service, salary and deduction information to New York State Employees? Retirement System

Posted on November 13, 2008
Reporting requirements of service, salary and deduction information to New York State Employees? Retirement System2 NYCRR Sections 315.2 and 315.3, as amended effective November 11, 2008Rules have been adopted by the State Comptroller to provide guidance to participating employees concerning whether an individual is an employee or independent contractor for the purposes of membership in the New York State Employee?s Retirement System...

Civil Rights laws cannot be used to challenge an employer?s alleged unfair personnel practices unrelated to discrimination

Posted on November 13, 2008
Civil Rights laws cannot be used to challenge an employer?s alleged unfair personnel practices unrelated to discriminationLightner v City of Wilmington [NC] Police Department, USCA 4th Circuit, Docket #07-1442, decided November 3, 2008Wilmington Police Department Lieutenant James J...

Employee to be paid for estimated lost overtime following the employer's violation of a Taylor Law agreement?s overtime rotation provision

Posted on November 12, 2008
Employee to be paid for estimated lost overtime following the employer's violation of a Taylor Law agreement?s overtime rotation provisionMatter of Town of Wallkill v Town of Wallkill Police Benevolent Assn., 2008 NY Slip Op 08497, decided on November 5, 2008, Appellate Division, Second DepartmentThe Town Police Chief placed a Town police officer on modified duty...

Ordering a hiring freeze

Posted on November 12, 2008
Ordering a hiring freezeIn the Matter of Dutchess County Legislature, et al., v William Steinhaus, etc., 2008 NY Slip Op 08486, decided on November 5, 2008, Appellate Division, Second DepartmentIn December 2007, in anticipation of a possible shortfall in the budget of the County of Dutchess, William Steinhaus, the County Executive of the County of Dutchess, issued Executive Order #2 of 2007 imposing a temporary freeze with respect to "all hiring for current and future vacant positions in county government...

Title VII applies to whites as well as blacks

Posted on November 12, 2008
Title VII applies to whites as well as blacksSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

Extrinsic evidence of the intent of the parties of no moment in interpreting the terms of a contract

Posted on November 10, 2008
Extrinsic evidence of the intent of the parties of no moment in interpreting the terms of a contractKito v Board of Educ. of William Floyd School Dist., 2008 NY Slip Op 08459, Decided on November 5, 2008, Appellate Division, Second DepartmentBernard J...

The union?s duty of fair representation does not require it to arbitrate every grievance filed by a unit member

Posted on November 10, 2008
The union?s duty of fair representation does not require it to arbitrate every grievance filed by a unit memberAntonio Jenkins And United Federation Of Teachers, Local 2, AFT, AFL-CIO, and Board Of Education Of The City School District Of The City Of New York, PERB U-26822 [Adapted from the PERB website]PERB affirmed the decision of the ALJ dismissing the improper practice charges filed by Jenkins against the District and his bargaining agent, UFT...

Public Sector Union Sues For Breach of Collective Bargaining Agreement

Posted on November 10, 2008
Public Sector Union Sues For Breach of Collective Bargaining AgreementSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

A claimant who voluntarily withdrew from the labor market is ineligible for post-retirement Workers? Compensation benefits

Posted on November 10, 2008
A claimant who voluntarily withdrew from the labor market is ineligible for post-retirement Workers? Compensation benefitsMatter of Danussi v Chateaugay A.S.A.C.T.C., 2008 NY Slip Op 08382, Decided on November 6, 2008, Appellate Division, Third DepartmentCorrection Officer Stephen A...

Attorney sued after failing to file a proper request for a Section 3020-a disciplinary hearing

Posted on November 07, 2008
Attorney sued after failing to file a proper request for a Section 3020-a disciplinary hearingAbreu v Quesada, 2008 NY Slip Op 08420, decided on November 6, 2008, Appellate Division, First DepartmentSection 3020-a(2)(c) of the Educatiion Law requires that the individual upon whom disciplinary charges have been filed take action as follows: ?(c) Within ten days of receipt of the statement of charges, the employee shall notify the clerk or secretary of the employing board in writing whether he or she desires a hearing on the charges and when the charges concern pedagogical incompetence or issues involving pedagogical judgment, his or her choice of either a single hearing officer or a three member panel...

Failure to supervise

Posted on November 07, 2008
Failure to superviseMatter of Sanchez v Kelly, 2008 NY Slip Op 08427, decided on November 6, 2008, Appellate Division, First DepartmentPolice Commissioner Raymond Kelly accepted the findings of a disciplinary hearing officer that New York City Police Sergeant Jose Sanchez was guilty of failing to prepare a Fitness for Duty Report as directed by his superiors and that he failed to supervise detectives in connection with an incident involving two uniformed, on-duty, intoxicated detectives...

Bargaining unit firefighters may wash and wax their personal vehicles in City fire stations during work time

Posted on November 07, 2008
Bargaining unit firefighters may wash and wax their personal vehicles in City fire stations during work timeCity Of Oswego Firefighters Association, IAFF, Local 2707 and City Of Oswego, PERB Decision U-27221 ? [Adapted from PERB?s website]The Board held that the City of Oswego violated 壯209a...

Legislative intent controls in applying personnel rules providing for the liquidation of sick leave accruals upon separation from service

Posted on November 06, 2008
Legislative intent controls in applying personnel rules providing for the liquidation of sick leave accruals upon separation from serviceCounty of Broome v Badger, 2008 NY Slip Op 08230, decided on October 30, 2008, Appellate Division, Third DepartmentInitially the Broom County Legislature adopted a personnel rule setting out the payment that would be made to administrative employees [i...

Flexible Spending Accounts for Health Insurance

Posted on November 06, 2008
Flexible Spending Accounts for Health InsuranceSource: Press Release, Office of the State ComptrollerNew York State Comptroller Thomas P. DiNapoli is reminding New Yorkers of their eligibility to set aside pre-tax money for eligible health care and dependent care expenses by enrolling in employer-sponsored flexible spending accounts...

Employee who is unable to return to duty from disability leave due to unrelated personal misconduct cannot continue to receive disability benefits

Posted on November 06, 2008
Employee who is unable to return to duty from disability leave due to unrelated personal misconduct cannot continue to receive disability benefitsMatter of Seiferheld v Kelly, 2008 NY Slip Op 32948(U), October 23, 2008, Supreme Court, New York County, Docket Number: 114351/07, Judge: Lottie E...

Does An Employer Asking Why An Employee Is Out Sick Violate The ADA?

Posted on November 06, 2008
Does An Employer Asking Why An Employee Is Out Sick Violate The ADA?Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

Upon the abolishment of a position, the individual excess is to be placed on a preferred list for appointment to the same and similar positions

Posted on November 05, 2008
Upon the abolishment of a position, the individual excess is to be placed on a preferred list for appointment to the same and similar positionsAppeal of Greta Kantrowitz from action of the Board of Education of the Uniondale Union Free School, Decisions of the Commissioner of Education No...

Employer's GML Section 207-a disability determination not controlled by retirement system?s approving employee?s disability retirement application

Posted on November 05, 2008
Employer's GML Section 207-a disability determination not controlled by retirement system?s approving employee?s disability retirement applicationMatter of Solano v City of Mount Vernon, 2007 NY Slip Op 52573(U), Supreme Court, Westchester County [Not published in the Official Reports], affirmed, 49 A...

Determining the amount to be paid for unused vacation upon separation controlled by terms of the contract of employment

Posted on November 04, 2008
Determining the amount to be paid for unused vacation upon separation controlled by terms of the contract of employmentAppeal of Michael J. Ouimet from action of the Board of Education of the City School District of the City of Troy, Commissioner of Education decision No...

University required to make FICA contributions for participants in its ?Section 403-b Tax Deferred Annuity Plan.?

Posted on November 04, 2008
University required to make FICA contributions for particpants in its ?Section 403-b Tax Deferred Annuity Plan.?University of Chicago v United States of America, CA 7th Circuit, Docket # No.07-3686The University of Chicago did not pay, report, or withhold Federal Insurance Contributions Act (FICA) tax between 2000 and 2003 for payments made under its employee retirement plans, including its ?Section 403-b Tax Deferred Annuity Plan...

Teacher Has No First Amendment Right To A MySpace Account

Posted on November 04, 2008
Teacher Has No First Amendment Right To A MySpace AccountSource: Adjunct Law Prof Blog; Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

Analysis of out-of-title work claim controlled by the duties and allocation of the positions involved at the time the work was performed

Posted on November 03, 2008
Analysis of out-of-title work claim controlled by the duties and allocation of the positions involved at the time the work was performedMatter of Kopyt v Governor's Office of Employee Relations, 2008 NY Slip Op 08222, Decided on October 30, 2008, Appellate Division, Third DepartmentThe Governor's Office of Employee Relations adopted the findings of the Division of Classification and Compensation of the New York State Department of Civil Service in deciding out-of-title work grievances by Kopyt and a number of correction officers...

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