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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

Membership in a public retirement system

Posted on April 18, 2008
Membership in a public retirement system Mancuso v Regan 190 AD2d 948Newspapers are reporting that the State Comptroller has determined that a number of attorneys in "private practice" were improperly given credit for membership in the New York State Employees? Retirement System [NYSERS] in connection with services that were provided by the law firm with which they were associated to the Hamilton-Fulton-Montgomery BOCES...

Distinguishing between a ?traineeship? and a ?probationary period?

Posted on April 18, 2008
Distinguishing between a ?traineeship? and a ?probationary period?Manneh v Staten Island Developmental Disabilities Office, Supreme Court, New York County, Decided , Judge Eileen A. Rakower, Index #400476/07 Applying the provisions of 4 NYCRR 4.5(c) ?Trainee appointment or promotion,? requires an understanding of the interplay of the ?training appointment? and ?probationary period...

Probationary employee challenges the authority of Commissioner to dismiss him

Posted on April 18, 2008
Probationary employee challenges the authority of Commissioner to dismiss himMatter of Duncan v Kelly, 43 A.D.3d 297, affirmed, 9 N.Y.3d 1024 Introducing its decision with the statement that: It is well settled that a probationary employee may be discharged for any or no reason, absent a showing that such dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law (see Matter of Swinton v Safir, 93 NY2d 758, ? the Appellate Division upheld the New York City Police Commissioner?s decision to terminate New York City probationary police officer Myron Duncan because of an incident that occurred prior to Myron?s appointment to the police force...

Providing officers and employees with representation in work-related litigation

Posted on April 18, 2008
Providing officers and employees with representation in work-related litigationMatter of Dreyer v City of Saratoga Springs, 43 A.D.3d 586 Erin Dreyer, formerly Deputy Commissioner of Public Safety, City of Saratoga Springs, is being sued in two federal actions...

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Commissioner of Human Rights may not order employee?s permanent appointment

Posted on April 18, 2008
Commissioner of Human Rights may not order employee?s permanent appointmentMatter of Close v New York State Div. of Human Rights, 43 A.D.3d 574 James Close was employed in the title of Solid Waste Specialist II, SG-23, Department of Environmental Conservation...

Employee terminated following a disciplinary hearing conducted in absentia

Posted on April 18, 2008
Employee terminated following a disciplinary hearing conducted in absentiaDep?t of Environmental Protection v Randal Licari, OATH Index No. 1685/07 Administrative Law Judge Kara Miller recommended Randal Licari be terminated after finding that he ?left work in order to burn down his house to collect insurance money? following disciplinary hearing conducted in absentia as Licari was serving a lengthy prison sentence for arson, insurance fraud and larceny on the date the disciplinary hearing was held...

Parties cannot agree to waive the statute of limitations

Posted on April 18, 2008
Parties cannot agree to waive the statute of limitationsNYS Employees Teamsters Local 72 and the NYS Thruway Authority, PERB U27510 Director Kline dismissed the charge filed with PERB as untimely since the underlying act occurred more than four months prior to the filing of the charge, pointing out that the parties cannot waive the period of limitations set forth in the Rules for the filing of a charge...

Alter Medical Certification, Lose

Posted on April 17, 2008
Alter Medical Certification, Lose FMLA ProtectionsSource: 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...

Suspension without pay determined by ?pay days? rather than ?calendar days?

Posted on April 17, 2008
Suspension without pay determined by ?pay days? rather than ?calendar days?Crandall v Voorheesville CSD, Supreme Court Albany County, #01-06-087882, Judge Thomas J. McNamara Robert Crandall was served with disciplinary charges by the Voorheesville Central School District pursuant to Section 3020-a of the Education Law...

Chronic lateness disqualifying misconduct for Unemployment Insurance purposes

Posted on April 17, 2008
Chronic lateness disqualifying misconduct for Unemployment Insurance purposesMatter of Jacqueline V. Morgan v Commissioner of Labor, 42 A.D.3d 846, Appellate Division, Third Department Probation officer Jacqueline V. Morgan was fired for chronic lateness...

A provisional employees right to a permanent appointment is limited

Posted on April 17, 2008
A provisional employees right to a permanent appointment is limitedIn re Gilberto S. Gomez v Commissioner of the New York City Department of Juvenile Justice, 2008 NY Slip Op 03143, Decided on April 10, 2008, Appellate Division, First DepartmentState Supreme Court Justice Joan A...

CBA may not require an employee to waive the right to sue in a federal forum

Posted on April 17, 2008
CBA may not require an employee to waive the right to sue in a federal forumPyett v Pennsylvania Building Co., et al, USCA, Second Circuit, 498 F.3d 88Pyett and other employees sued Pennsylvania Building alleging that they had been subjected to unlawful discrimination because of age...

Prohibitions against political influence

Posted on April 17, 2008
Prohibitions against political influenceCivil Service Law Section 107 Civil Service Law Section 107 sets out prohibitions against certain political activities and efforts to exert improper influence with respect to the appointment or selection to, or removal from, an office or employment subject to the provisions of the Civil Service Law...

Union?s agency shop fee procedure violates nonmembers? First Amendment rights

Posted on April 17, 2008
Union?s agency shop fee procedure violates nonmembers? First Amendment rightsSeidemann v Bowen as president, Professional Staff Congress, et al, USCA, 2nd Circuit, 499 F.3d 119The Circuit Court of Appeals, Second Circuit, ruled that a union cannot require agency shop fee payers to file their objections to expenditures unrelated to the collective bargaining process annually...

Police officers? applications for reinstatement after conviction reversed rejected

Posted on April 16, 2008
Police officers? applications for reinstatement after conviction reversed rejectedBruder v Kelly, 17 Misc.3d 372 The Public Officers Law Section 30.1(e)1 provides for the removal of public officers upon their conviction of a felony or a crime involving a violation of their oath of office...

DOL Issues Temporary Mandatory FMLA Poster Addressing Military Family Leave Amendments

Posted on April 16, 2008
DOL Issues Temporary Mandatory FMLA Poster Addressing Military Family Leave AmendmentsSource: 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...

Arbitrator fines rather than fire a teacher following her successful treatment for substance abuse

Posted on April 16, 2008
Arbitrator fines rather than fire a teacher following her successful treatment for substance abuseCity School Dist. of the City of New York v Rochelle Lorber, 2008 NY Slip Op 03050, Decided on April 3, 2008, Appellate Division, First Department Rochelle Lorger, a teacher in the New York City school system for more than 23 years, had successfully undergone treatment for her addiction...

Retirement System?s exclusion of salary increase for retirement calculation affirmed

Posted on April 16, 2008
Retirement System?s exclusion of salary increase for retirement calculation affirmedMatter of Holbert v New York State Teachers? Retirement System, 43 A.D.3d 530 Gary M. Holbert served as the Superintendent of the Fallsburg Central School District from 1996 to 2003...

Transferring employees in the face of an eligible list for the vacancies held lawful

Posted on April 16, 2008
Transferring employees in the face of an eligible list for the vacancies held lawfulMatter of Kirmayer v State of New York Civil.Service Commission. 42 A.D.3d 848, Appeal dismissed, 9 N.Y.3d 955 David Kirmayer asked the Department of Civil Service to revoke the appointment of Raymond Toth...

Arbitration award can being vacated only if shown to be irrational, violative of strong public policy or exceeds the arbitrator?s powers

Posted on April 16, 2008
Arbitration award can being vacated only if shown to be irrational, violative of strong public policy or exceeds the arbitrator?s powersMatter of City of Peekskill v Local 456, Intl. Bhd. of Teamsters, 2008 NY Slip Op 02585, Decided on March 18, 2008, Appellate Division, Second DepartmentThe decision concerns a disciplinary arbitration in which the arbitrator determined that an employee terminated after testing positive for alcohol should be reinstated to a different position with the City...

City's Pre-Employment Drug Testing Requirement Unconstitutional for Non-Safety-Sensitive Library Position

Posted on April 16, 2008
City's Pre-Employment Drug Testing Requirement Unconstitutional for Non-Safety-Sensitive Library PositionSource: Jackson Lewis LLP. Reproduced with permission. Copyright � 2008, Jackson Lewis. Originally published by Jackson Lewis, LLP, at www.jacksonlewis...

School Bus Driver Not Entitled To Unemployment During Summer Months

Posted on April 15, 2008
School Bus Driver Not Entitled To Unemployment During Summer MonthsSource: 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 discrimination claims runs from receipt notice of adverse employment action

Posted on April 15, 2008
Statute of Limitations for discrimination claims runs from receipt notice of adverse employment action Pinder v City of New York, 2008 NY Slip Op 01861, Decided on March 4, 2008, Appellate Division, First Department The Appellate Division sustained the dismissal of Etelina Pinder?s complaint alleging unlawful employment discrimination in violation of Executive Law �296...

Employee terminated after accessing pornographic material using employer?s computer

Posted on April 15, 2008
Employee terminated after accessing pornographic material using employer?s computerGhita v Department of Education of the City of New York, 2008 NY Slip Op 30706(U), March 7, 2008, Supreme Court, New York County, Docket Number: 0110481/2007 Mircea Ghita challenged an arbitrator?s determination terminating his employment with the New York City Department of Education after finding him guilty of p downloaded a file of pornographic material from his AOL email account and openly viewed such pornographic material from a school computer...

Reassignment to a lower grade position based on the employee?s ?lack of integrity? distinguished from disciplinary action

Posted on April 15, 2008
Reassignment to a lower grade position based on the employee?s ?lack of integrity? distinguished from disciplinary actionSchwartzbaum v Horn, 2008 NY Slip Op 02021, Decided on March 11, 2008, Appellate Division, First Department Sidney J. Schwartzbaum, as President of Assistant Deputy Wardens/Deputy Wardens Association challenged the reassignment of an Association member from Warden Level II, where he served as respondent's Chief of Staff, to Warden Level I...

Due process requirements - filing an employer?s application for disability retirement

Posted on April 15, 2008
Due process requirements - filing an employer?s application for disability retirementMatter of Davis v County of Westchester, 42 A.D.3d 791, Appeal dismissed, sua sponte, 9 N.Y.3d 953 Lemuel A. Davis was employed as a Westchester County correction. He injured his back at work in May 1993 when he tripped on the leg of a desk...

Subpoenas seeking public records and testimony by public employees

Posted on April 15, 2008
Subpoenas seeking public records and testimony by public employeesPearl Sanderson v New York City Tr. Auth., 16 Misc.3d 1111(A), Supreme Court, Kings County, Judge Jack M. Battaglia From time to time a party wishes to obtain records held by a State or municipal agency not a party in the litigation or have a ?third party? State or municipal officer or employee testify in a proceeding...

Union?s duty of fair representation - refusal to process a grievance

Posted on April 15, 2008
Union?s duty of fair representation - refusal to process a grievanceMohammad Saidin and Local 2, UFT and the NYC Board of Education, PERB U26672Mohammad Saidin alleged that the United Federation of Teachers Local 2 violated its duty of fair representation when it refused to process his grievance to Step 3 of the contract grievance procedure...

Concerning CSL Section 71 and GML Sections 207-a and, or, 207-c

Posted on April 14, 2008
Concerning CSL Section 71 and GML Sections 207-a and, or, 207-cA New York Public Personnel Law reviewReferring to an summary earlier published in New York Public Personnel Law, [see http://publicpersonnellaw.blogspot.com/2007/11/discontinuing-disability-benefits...

Employer Not Entitled to Diagnosis in FMLA Medical Certification

Posted on April 14, 2008
Employer Not Entitled to Diagnosis in FMLA Medical CertificationSource: 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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