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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

Grades Will No Longer Be Used to Evaluate Teachers for Tenure

Posted on May 19, 2008
Grades Will No Longer Be Used to Evaluate Teachers for TenureSource: 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...

Deferring imposing a disciplinary penalty equivalent to disciplinary probation

Posted on May 19, 2008
Deferring imposing a disciplinary penalty equivalent to disciplinary probationMatter of Mele v New York State Off. of Gen. Servs., 46 A.D.3d 1159David Mele, an employee of the New York State Office of General Services [OGS], was demoted to the position of senior parking attendant in January 2005 due to poor work attendance...

Section 75 disciplinary action

Posted on May 19, 2008
Section 75 disciplinary action not appropriate where mental disability is involvedHuman Resources Admin. v. Anonymous, OATH Index No. 228/08Administrative Law Judge [ALJ] Alessandra F. Zorgniotti dismissed disciplinary charges filed against an employee after concluding that employee?s conduct was most likely due to a mental disability...

Confidential ?warning memorandum? sent to employee

Posted on May 19, 2008
Confidential ?warning memorandum? sent to employeeAppeal of L.M. from action of the Board of Education of the Longwood Central School District regarding a personnel matter. Decisions of the Commissioner of Education, Decision No. 15,690 L.M. is a principal at one of Longwood Central School District?s schools...

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Commissioner, New York State Division of Human Rights nominated; First Deputy Commissioner appointed

Posted on May 16, 2008
Commissioner, New York State Division of Human Rights nominated; First Deputy Commissioner appointedExecutive Chamber, May 15, 2008Governor David A. Paterson nominated Galen D. Kirkland, Esq. to become the Commissioner of the Division of Human Rights...

Union Has Standing To Arbitrate Retirees Grievances

Posted on May 16, 2008
Union Has Standing To Arbitrate Retirees GrievancesSource: 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 The status of retirees is a difficult one in labor law...

Filing letters critical of an employee in the employee?s personnel file

Posted on May 16, 2008
Filing letters critical of an employee in the employee?s personnel fileGutman v Board of Educ. of the City School Dist. of the City of N.Y., 18 Misc.3d 609, Cahn, J. Daphna Gutman and Evelyn Carrillo, tenured teachers employed by the Board of Education of the City School District of the City of New York sued the Board seeking a court order to compel the Board ?expunge letters that were placed in each of their personnel files...

Employee?s charge against Union dismissed by PERB as untimely

Posted on May 16, 2008
Employee?s charge against Union dismissed by PERB as untimelyKareen Delahaye and Amalgamated Transit Union and Board of Education of the City of New York. PERB Decision U-27908, 3/5/08 PERB affirmed the decision of the Director dismissing the charge filed by Delahaye alleging that the ATU violated §209-a...

Failure to use available administrative remedy bars lawsuit involving the same issue

Posted on May 16, 2008
Failure to use available administrative remedy bars lawsuit involving the same issueClark v New York City Transit Authority, 46 A.D.3d 360 Wilma Clark sued the New York City Transit Authority in an effort to get a court order reinstating her to her former position...

One-year statute of limitation controls in unlawful discrimination suit against school

Posted on May 15, 2008
One-year statute of limitation controls in unlawful discrimination suit against schoolMatter of Amorosi v South Colonie Ind. Cent. School Dist., 9 N.Y.3d 367, Court of Appeals, Jennifer Amorosi was hired by the South Colonie Central School District in July 1999 as a temporary part-time guidance counselor...

Employee disciplined for off-duty misconduct

Posted on May 15, 2008
Employee disciplined for off-duty misconductDep't of Correction v. Phoenix, OATH Index No. 1543/08 (Apr. 14, 2008). ALJ Ingrid Addison recommended a ten-day suspension for a correction officer who drove in excess of the speed limit, disobeyed a state trooper's order to remain in his car, and contributed to a car accident by stepping into the lane of traffic while resisting arrest...

Violation of the Ethics Law?s ?lifetime bar provision? results in a $3,500 penalty

Posted on May 15, 2008
Violation of the Ethics Law?s ?lifetime bar provision? results in a $3,500 penaltyMatter of William J. Gormley v New York State Ethics Commission, 46 A.D.3d 1078In April 1995, William J. Gormley left state service after 21 years with the Department of Health...

Threats made in the heat of an argument a mitigating element in setting penalty

Posted on May 15, 2008
Threats made in the heat of an argument a mitigating element in setting penaltyDep't of Environmental Protection v. Danko, OATH Index No. 1060/08 (Apr. 11, 2008). Machinist was found to have made three threatening statements to different supervisors after his request for a work location reassignment was denied...

Courts will not defer to agency?s "expertise" when resolving pure questions of law

Posted on May 15, 2008
Courts will not defer to agency?s "expertise" when resolving pure questions of lawMatter of Putnam - North Westchester Board of Cooperative Education Services v Richard P. Mills as Commissioner Of Education, 46 A.D.3d 1062 Lorraine Galluzzo was appointed to a full-time position of ?Teacher Tenure Area Cosmetology,? effective September 1, 2002 by the Putnam/North Westchester Board of Cooperative Education [BOCES]...

Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERB

Posted on May 15, 2008
Employee's complaint that her union refused to pursue a grievance to arbitration dismissed by PERBDanna and Rochester Teachers Association, PERB Decision U-27886, 3/5/08 Bernadette Danna contended that the Association violated §209-a.2(c) of the Act when it decided not to arbitrate Danna's contract grievance seeking personal injury benefits under the collectively negotiated agreement...

2nd Circuit issues another decision clarifying an adverse employment action

Posted on May 14, 2008
2nd Circuit issues another decision clarifying an adverse employment actionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Section 3020-a hearing officer may only impose a penalty authorized by statute

Posted on May 14, 2008
Section 3020-a hearing officer may only impose a penalty authorized by statuteMatter of Luis Garcia v Department of Educ. of the City of N.Y., 18 Misc.3d 503 New York City School District Assistant Principal Luis Garcia was found guilty of various charges filed against him pursuant to Section 3020-a of the Education Law...

Severance pay and benefits awarded accordance with contract provisions

Posted on May 14, 2008
Severance pay and benefits awarded accordance with contract provisionsMatter of Salvatore J. LaLima v County of Suffolk, 45 A.D.3d 845, Appellate Division, Second DepartmentWhen Salvatore J. LaLima retired from his position as President of Suffolk County Community College, the County refused his request for the payment of retirement severance benefits of some $98,920...

Termination recommended as the penalty for the employee?s submitting fraudulent medical data

Posted on May 14, 2008
Termination recommended as the penalty for the employee?s submitting fraudulent medical dataDep't of Environmental Protection v. Bellach, OATH Index No. 1574/08 (Apr. 30, 2008). ALJ Kevin Casey found that a sewage treatment worker submitted 21 fraudulent medical notes to obtain sick leave to which he was not entitled...

Employer seeks reimbursement for §207-c benefits paid to injured police officer

Posted on May 14, 2008
Employer seeks reimbursement for §207-c benefits paid to injured police officerCity of Syracuse v Marissa L. Williams and Mary G. Williams, 45 A.D.3d 1491 Section 207-c(6) of the General Municipal Law provides as follows: 6. Notwithstanding any provision of law contrary thereto contained herein or elsewhere, a cause of action shall accrue to the municipality for reimbursement in such sum or sums actually paid as salary or wages and or for medical treatment and hospital care as against any third party against whom the policeman shall have a cause of action for the injury sustained or sickness caused by such third party...

Suspended employees claim for unemployment insurance benefits approved

Posted on May 14, 2008
Suspended employees claim for unemployment insurance benefits approvedMatter of Peter A. Kuryla v Commissioner of Labor, 45 A.D.3d 1129, Appellate Division, Third Department Peter A. Kuryla, an assistant professor at Finger Lakes Community College, was disciplined for using ?profane and vulgar language in a loud and disruptive manner, audible to faculty as well as students and staff passing by [his] office...

Division of Human Rights to determine validity of a ?release? signed by an employee alleging unlawful discriminatory practice

Posted on May 13, 2008
Division of Human Rights to determine validity of a ?release? signed by an employee alleging unlawful discriminatory practiceFreeman v New York State Div. of Human Rights, 2008 NY Slip Op 04348, Decided on May 6, 2008, Appellate Division, Second Department On August 7, 2007, the New York State Division of Human Rights[SDHR] dismissed the Terrance Freeman?s complaint, finding that there was no probable cause to believe that Freeman?s employer, Nortel Networks, Inc...

Requirement that Health Care Provider Submit Medical Certification Directly to Employer Does Not Violate the FMLA

Posted on May 13, 2008
Requirement that Health Care Provider Submit Medical Certification Directly to Employer Does Not Violate the FMLACopyright © 2008. 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...

Global positioning device used to prove employee falsified records

Posted on May 13, 2008
Global positioning device used to prove employee falsified recordsMatter of Leo Gustafson v Town of N. Castle, N. Y, 45 A.D.3d 766, Appellate Division, Second Department Leo Gustafson, an assistant building inspector with the Town of North Castle, was charged with falsifying official records with respect to where he was while on duty...

Arbitrator?s misconduct must be demonstrated by clear and convincing proof

Posted on May 13, 2008
Arbitrator?s misconduct must be demonstrated by clear and convincing proofMatter of David Moran v New York City Tr. Auth., 45 A.D.3d 484, Appellate Division, First Department The Appellate Division, First Department, ruled that David Moran failed to meet the heavy burden placed on a party seeking to vacate an arbitrator?s award based on allegations of misconduct on the part of the arbitrator...

Courts Do Not Sit As Super Personnel Departments

Posted on May 13, 2008
Courts Do Not Sit As Super Personnel DepartmentsSource: 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...

NY PERB holds notices of claim are no longer required in improper practice cases against Boards of Education

Posted on May 12, 2008
NY PERB holds notices of claim are no longer required in improper practice cases against Boards of EducationSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq...

Light duty performed for more than two years sets standard for the purposes of evaluation for disability retirement

Posted on May 12, 2008
Light duty performed for more than two years sets standard for the purposes of evaluation for disability retirementMatter of David D. Vicks v Hevesi, 45 A.D.3d 1036 Firefighter David D. Vicks was injured in the line of duty in September 1995. He attempted to resume work as a full-time firefighter but could not because of his injuries...

School bus driver denied unemployment benefits after termination for using his personal vehicle to transport students

Posted on May 12, 2008
School bus driver denied unemployment benefits after termination for using his personal vehicle to transport studentsMatter of Roger D. Ferri v Commissioner of Labor, 45 A.D.3d 1101Ferri, a bus driver, was fired from his job as a result of his offering to drive a student to school in his personal vehicle...

New Jersey enacts law permitting employees to purchase family medical leave ?insurance?

Posted on May 12, 2008
New Jersey enacts law permitting employees to purchase family medical leave ?insurance?Source: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. 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...

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