New York Public Personnel Law: Labor & Employment Law

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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

Workers? Compensation Board to determine if WCL provides exclusive remedy

Posted on May 12, 2008
Workers? Compensation Board to determine if WCL provides exclusive remedyBarbara Catapane v Half Hollow Hills Cent. School Dist., 45 A.D.3d 517Barbara Catapane was employed at the Half Hollow Hills Central School District?s Otsego Elementary School. Catapane was injured when her car was struck by a bus owned by the district and operated by another district employee, James M...

Former teacher found to lack standing to challenge policy regulating teacher speech

Posted on May 12, 2008
Former teacher found to lack standing to challenge policy regulating teacher speechLinda M. Price v Saugerties Central School District, USDC, Northern District of New York, WL 314458 A communications protocol adopted by the Saugerites Central School required teachers who disagreed with some aspect of the decisions at their school to address their complaint first to their immediate supervisor before taking the issue up the chain of supervision or bringing the complain to the attention of the public...

Certain demands for records related to an investigation to be honored

Posted on May 09, 2008
Certain demands for records related to an investigation to be honoredMatter of Civil Service Employees Association. v New York State Public Employment Relations Board, 46 A.D.3d 1037, Sometimes a demand for records or information is rejected by a government department or agency on the grounds that such disclosure is barred by law...

Employer to provide provisional employee with name-clearing hearing

Posted on May 09, 2008
Employer to provide provisional employee with name-clearing hearingMatter of Androniki [Niki] Browne v City of New York, 45 A.D.3d 590, Appellate DivisionThe Board of Trustees of the New York City Employees Retirement System (NYCERS), demoted Androniki Browne from her position as a provisional Administrative Manager L-2 to the position of Associate Staff Analyst...

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Failure to name a necessary party requires the dismissal of the appeal

Posted on May 09, 2008
Failure to name a necessary party requires the dismissal of the appealMatter of Mark Dorman and the Board of Education of the Webster Central School District, Commissioner of Education?s Decision No. 15,672 John Carlevatti served as Assistant Superintendent for Administration and Personnel...

Disciplinary settlement payment not annual salary for retirement purposes

Posted on May 09, 2008
Disciplinary settlement payment not annual salary for retirement purposesHorowitz v NYS Teachers' Retirement System, App. Div., 3rd Dept., 293 A.D.2d 861; motion for leave to appeal denied, 98 N.Y.2d 614 The Horowitz case concerns the impact of making a lump-sum payment to an employee as an inducement to his or her submitting a resignation in lieu of being served with disciplinary charges in determining his or her final average salary for retirement purposes...

Processing a Title VII complaint

Posted on May 09, 2008
Processing a Title VII complaintRomney v NYC Transit Authority, 294 A.D.2d 481 An individual is not barred from suing under Title VII because he or she initially proceeded administratively as the filing of charges with the EEOC so that they may be duly considered in the course of EEOC's administrative procedures is a condition precedent to the commencement of a Title VII action...

Unfair labor practice

Posted on May 09, 2008
Unfair labor practiceCSEA v PERB, 295 A.D.2d 668 To establish a charge of unfair practice under the Taylor Law, the individual must prove that (1) he or she was engaged in activities protected by the Act; (2) that the employer had knowledge of and acted because of those activities; and (3) that the employee was coerced, restrained, discriminated against, or punished for having engaged in an activity that is protected under the Taylor Law...

Considering past practice in determining an arbitration award

Posted on May 08, 2008
Considering past practice in determining an arbitration awardMatter of Triborough Bridge & Tunnel Auth. v Triborough Bridge & Tunnel Auth. Bridge & Tunnel Officers Benevolent Assn., 2008 NY Slip Op 04206, decided on May 6, 2008, Appellate Division, First DepartmentAn arbitrator ordered the Triborough Bridge and Tunnel Authority ?to cease and desist? from requiring members of the Bridge and Tunnel Officers Benevolent Association to take a break of four hours between the end of a regular shift and the commencement of a voluntary eight-hour overtime shift...

If An Arbitrator Makes A Disclosure, Is He Then Required To Recuse Himself If A Party Objects?

Posted on May 08, 2008
If An Arbitrator Makes A Disclosure, Is He Then Required To Recuse Himself If A Party Objects?Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Statute of limitations for filing an Article 78 petition not tolled by filing a grievance

Posted on May 08, 2008
Statute of limitations for filing an Article 78 petition not tolled by filing a grievanceDiRuzzo v Department of Education, City of New York, 44 A.D.3d 535 A Supreme Court, New York County, judge dismissed the Article 78 petition filed by Nadina DiRuzzo challenging the New York Board of Education?s terminating her from her teaching position...

Submitting a false report

Posted on May 08, 2008
Submitting a false reportDep?t of Correction v. Holder, OATH Index No. 2208/07 Administrative Law Judge John Spooner recommended termination for a correction officer who used excessive force against an inmate and submitted a false report about the incident...

Disciplinary action claimed filed with malice

Posted on May 08, 2008
Disciplinary action claimed filed with maliceHoward v City of New York, App. Div., 1st Dept., 294 A.D.2d 184 An agency files disciplinary charges against an employee only to later withdraw the charges. Is the employer guilty of malicious prosecution? As the Howard case demon�strates, it depends on the circumstances...

Designation of a disciplinary hearing officer

Posted on May 08, 2008
Designation of a disciplinary hearing officerScharf v Levittown UFSD, 294 A.D.2d 508 The naming of a specific hearing officer in disciplinary charges served upon an employee, coupled with a written resolution adopted by the school district's Board of Education incorporating the Notice of Charges by reference, satisfied the requirement that Section 75 hearing officers be so designated in writing...

D.C. Circuit Issues Major Decision Holding Health Benefits For Future Retirees Is A Mandatory Subject

Posted on May 07, 2008
D.C. Circuit Issues Major Decision Holding Health Benefits For Future Retirees Is A Mandatory SubjectSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq...

An ambiguity in a settlement agreement resolved against the drafter of the agreement

Posted on May 07, 2008
An ambiguity in a settlement agreement resolved against the drafter of the agreementCoker v City of New York Dept. of Probation, 2008 NY Slip Op 04195, Decided on May 6, 2008, Decided on May 6, 2008Showole Coker had been directed to complete a Partner Abuse Counseling (PAC) program as a requirement of his conditional discharge by the criminal court following a domestic violence incident...

7th Circuit Court of Appeals upholds UPS no fraternization policy

Posted on May 07, 2008
7th Circuit Court of Appeals upholds UPS no fraternization policySource: 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...

Broad contract grievance procedure bars litigating employee?s complaint in court

Posted on May 07, 2008
Broad contract grievance procedure bars litigating employee?s complaint in courtMitchell v New York City Tr. Auth., 44 A.D.3d 543James Mitchell sued the New York City Transit Authority alleging that the Authority had refused to pay him for sick time and refused to proceed with hearings on his claims because he arrived for the hearings either late or not in uniform...

Credit for leave paid by employer in workers? compensation benefit claim

Posted on May 07, 2008
Credit for leave paid by employer in workers? compensation benefit claimKnoll v Chemung County, 44 A.D.3d 1190 Edward Knoll, an employee of Chemung County, injured his back while removing road signs from a truck. He was disabled and used his accrued sick leave and vacation time in order to remain on the payroll while he was absent from work...

Administrative adjudications

Posted on May 07, 2008
Administrative adjudicationsBurnham v McCall, 265 A.D.2d 763 The Burnham decision by the Appellate Division, Third Department, serves as a reminder that judicial review of an administrative determination is limited. The courts will only consider the actual reasons relied upon by the administrative agency for its ruling...

Zero drug tolerance policy - mitigating circumstances

Posted on May 07, 2008
Zero drug tolerance policy - mitigating circumstancesFire Dep?t v. Schroeder, OATH Index No. 1261/07 In this disciplinary action, Administrative Law Judge Kevin Casey recommended delaying impositing the penalty of dismissal to allow a firefighter who tested positive for drug use to retire on a disability pension...

Probationary employee?s right to a pre-termination hearing limited

Posted on May 06, 2008
Probationary employee?s right to a pre-termination hearing limitedMatter of Donald James Carroll v New York State Canal Corp., 2008 NY Slip Op 04169, Decided on May 2, 2008, Appellate Division, Fourth Department Donald James Carroll was employed as a tender captain by New York State Canal Corporation...

Blogs As A Teaching Tool

Posted on May 06, 2008
Blogs As A Teaching ToolReproduced with permission. Copyright � 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved. I just came across McBlogmick a blog run by Cumberland Law School Professor Marcia McCormick...

New York City employee dismissed for not having a residence in New York City

Posted on May 06, 2008
New York City employee dismissed for not having a residence in New York CityMatter of Prendergast v City of New York, 44 A.D.3d 414, Appellate Division, First Department The New York City Human Resources Administration (HRA) told James A. Prendergast that his employment was terminated because he was not a resident of the City of New York as required by City?s Administrative Code �2-120...

Refusal to report for Section 72 medical examinations

Posted on May 06, 2008
Refusal to report for Section 72 medical examinationsN.Y. County District Attorney?s Office v. Johnson, OATH Index No. 265/08 Administrative Law Judge Kara Miller recommended a thirty-day suspension without pay for a paralegal after finding that the individual had refused to attend two Section 72 medical appointments after being ordered to do so and had reported for work although she had been directed not to do so...

Request for reconsideration does not stop the statute of limitations from running

Posted on May 06, 2008
Request for reconsideration does not stop the statute of limitations from runningTamarkin v New York City Dept. of Educ., 44 A.D.3d 502, Appellate Division, First Department It appears that on September 2, 2003, after working as an interim acting assistant principal from November 5, 2001 to September 1, 2003, Susannah Tamarkin was reinstated to her prior position as a teacher...

Neglect of Duty

Posted on May 06, 2008
Neglect of DutyDep?t of Education v. Rubenstein, OATH Index No. 1264/07 In a disciplinary proceeding, an attorney was found guilty of neglecting his duty by assisting in the preparation of a false advertisement, which was placed to facilitate a permanent resident application for another employee...

Requesting official records and the Freedom of Information Law [FOIL]

Posted on May 05, 2008
Requesting official records and the Freedom of Information Law [FOIL]Application of Michael J. Gentile for the removal of Edward Lilly as a member of the Board of Education of the Lewiston-Porter Central School District, Commissioner of Education Decision No...

Michigan federal court issues important reverse affirmative action decision upholding state constitutional amendment banning affirmative action

Posted on May 05, 2008
Michigan federal court issues important reverse affirmative action decision upholding state constitutional amendment banning affirmative action Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2008, Mitchell H...

Use of an agency's vehicle for personal travel

Posted on May 05, 2008
Use of an agency's vehicle for personal travelConflicts of Interest Bd. v. Allen, OATH Index No. 1791/07, aff?d, COIB Case No. 06-411 In a case where a former agency employee used an agency vehicle for personal travel on numerous instances, the Conflicts of Interest Board, adopting the report and recommendation of Administrative Law Judge Alessandra Zorgniotti, fined the former worker $5,000...

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