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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

Removing members of a school board from office

Posted on April 14, 2008
Removing members of a school board from officeMatter of Scott A. Stepien and Edward Lilly and Board of Education of the Lewiston-Porter Central School, Decisions of the Commissioner of Education, Decision No. 15,732 Alleging that School Board member Stepien and Lilly failed to comply with the mandates of Education Law §2102-a requiring that a board member elected or appointed for a term beginning on or after July 1, 2005, ?within the first year of his or her term, complete a minimum of six hours of training on the financial oversight, accountability, and fiduciary responsibilities of a school board member,? other school board members initiated administrative action to remove them from their positions...

Union?s duty of fair representation

Posted on April 14, 2008
Union?s duty of fair representationMohammad 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...

Falsifying time records

Posted on April 14, 2008
Falsifying time recordsDepartment of Health and Mental Hygiene v Nkele, OATH Index No. 615/07 Despite ten-year employment and no prior disciplinary penalties, Administrative Law Judge Julio Rodriguez recommended that Stanley Nkele, a Public Health Advisor, be terminated after finding that Nkele submitted timecards that falsely stated the hours he worked on three occasions...

Concerning Civil Service Law §75; Education Law §3020-a; and Taylor Law contract disciplinary procedures

Posted on April 14, 2008
Concerning Civil Service Law §75; Education Law §3020-a; and Taylor Law contract disciplinary proceduresThe Discipline Book, Public Employment Law Press, 2008 Professor Mitchell H. Rubinstein has posted a ?highlight review? of The Discipline Book on his law blog, Adjunct Law Professor Blog...

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2d Cir. Holds That Anti-Harrassment

Posted on April 11, 2008
2d Cir. Holds That Anti-Harrassment Policy Violates NLRAReproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved. UAW v. NLRB, ___F.3d ___(2d Cir...

Research tool

Posted on April 11, 2008
Research toolGoogle alertsInterested in being kept apprised of the latest developments concerning a particular topic or case using a key word or phrase? Have you tried the ?information service? sent via e-mail provided by Google Alerts to accomplish this? If not, visit the Google Alerts site by placing your cursor on the text below and follow the pop-up instruction for additional information about this free service...

Court of Claims lacks jurisdiction to review back pay administrative decision

Posted on April 11, 2008
Court of Claims lacks jurisdiction to review back pay administrative decisionVictoria Hoffman v State of New York, 42 A.D.3d 641 Victoria Hoffman, an intensive case manager with the Office of Mental Health at Elmira Psychiatric Center in Chemung County, was served with a notice of discipline seeking her termination...

Injury resulting from ?self-help? held not to constitute an accident

Posted on April 11, 2008
Injury resulting from ?self-help? held not to constitute an accidentMatter of Joseph Conkling, Jr. v Hevesi, 42 A.D.3d 630 The Appellate Division sustained the New York State Employees? Retirement System?s rejection of Joseph Conkling, Jr.?s application for accidental disability retirement...

Employee terminated after violating terms of disciplinary probation

Posted on April 11, 2008
Employee terminated after violating terms of disciplinary probationPagan v Board of Educ. of City School Dist. of City of N.Y., 2007 NY Slip Op 1952(U) June 18, 2007, Supreme Court, New York County, Docket Number: 0116905/2006, Shirley W. Kornreich, J...

Exclusive unit work

Posted on April 11, 2008
Exclusive unit workCSEA Local 1946 and NYC Board of Education and Local 891, International Union of Operating Engineers. PERB U25506 PERB decided that although that the Union had not exclusively performed painting work and dismissed that allegation, it found that the Board of Education had violated Civil Service Law Section 209a...

Falsifying time record

Posted on April 11, 2008
Falsifying time recordDepartment of Health and Mental Hygiene v Nkele, OATH Index No. 615/07 Despite ten-year employment and no prior disciplinary penalties, Administrative Lawudge Julio Rodriguez recommended that Stanley Nkele, a Public Health Advisor, be terminated after finding that Nkele submitted timecards that falsely stated the hours he worked on three occasions...

Title VII protects relative and friends from retaliation

Posted on April 10, 2008
Title VII protects relative and friends from retaliationThompson v. North American Stainless, CA6, Opinion 08a0129p.06 Eric Thompson?s fiancée filed a discrimination charge with the EEOC against their common employer, North American Stainless, alleging that her supervisors discriminated against because of her gender...

Participation of the appointing authority in a disciplinary proceeding

Posted on April 10, 2008
Participation of the appointing authority in a disciplinary proceedingMatter of Phillip Nicoletti v Meyer, 42 A.D.3d 722, Appellate Division, Third Department[1]The Deputy Commissioner and Director of Operations of the Sullivan County Division of Public Works, Phillip Nicoletti, was served with disciplinary charges alleging that:He had unlawfully entered certain county offices and photocopied confidential documents;He had used county purchase requisitions to obtain property for himself; andHe pressured a county legislator to stop a then ongoing investigation into the alleged improprieties within the Division of Public Works...

Annual performance evaluation procedure

Posted on April 10, 2008
Annual performance evaluation procedureYonkers Police Association and the City of Yonkers, PERB U25381 PERB ruled that the City of Yonkers violated Civil Service Law Section 209a.1(d) when it unilaterally implemented an annual employee performance evaluation procedure for employees in the unit represented by the Association...

ALJ rejects inmate testimony as unreliable in proving disciplinary charges

Posted on April 10, 2008
ALJ rejects inmate testimony as unreliable in proving disciplinary chargesDepartment of Corrections v Winchester, OATH Index Nos. 911-12/07, 957-58/07 Administrative Law Judge John Spooner dismissed charges brought against two captains and two correction officers alleging their use of excessive force, making false reports and failing to take appropriate action, after finding that the Department?s proof, consisting primarily of testimony of two inmates, was not sufficiently reliable to sustain the charges...

Volunteer Police Officers Do Not Have Any 1st Amendment Right To Collectively Bargain Or Any Due Process Rights

Posted on April 09, 2008
Volunteer Police Officers Do Not Have Any 1st Amendment Right To Collectively Bargain Or Any Due Process RightsSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq...

Contracting out work performed by employees in a negotiating unit

Posted on April 09, 2008
Contracting out work performed by employees in a negotiating unitMatter of Patricia Sliker v New York State Pub. Empl. Relations Bd., 42 A.D.3d 653, Appellate Division, Third Department The Public Employment Relations Board ruled that the Honeoye Central School District did not violate Civil Service Law §209-a(1)(d) when it transferred work being performed by members of a negotiating unit to an outside contractor...

Reimbursement of benefits paid to a police officer pursuant to GML 207-c

Posted on April 09, 2008
Reimbursement of benefits paid to a police officer pursuant to GML 207-cDennis Burlingame v State of New York, 42 A.D.3d 923, Appellate Division, Fourth Department Dennis Burlingame, a police officer for the City of Syracuse, was injured in an automobile accident during the course of his employment with the City...

Removing a town court judge from office

Posted on April 09, 2008
Removing a town court judge from officeMatter of the Honorable Jean Marshall, 8 N.Y.3d 7417, Per Curiam The State Commission on Judicial Conduct brought charges of misconduct against Jean Marshall, Justice of the Cuyler Town Court, Cortland County. Charge One alleged that Marshall had engaged in improper ex parte communications with the defendants in several building code violation cases and then dismissed the cases in advance of the adjourned dates without providing the prosecutor notice or an opportunity to be heard...

Testing positive for illegal drugs

Posted on April 09, 2008
Testing positive for illegal drugsDepartment of Sanitation v Betancourt, OATH Index No. 1463/ Noel Betancourt, a sanitation worker, admitted testing tested positive for cocaine use. The Administrative Law Judge, Alessandra Zorgniotti, noted that about two and half years earlier Betancourt had completed a two-year drug and alcohol-testing program characterized as a ?last chance agreement...

Month-Long Condition Failed to Establish FMLA-Covered Chronic Serious Health Condition

Posted on April 08, 2008
Month-Long Condition Failed to Establish FMLA-Covered Chronic Serious Health ConditionSource: 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...

Employee?s representative barred from the employee?s psychological examination

Posted on April 08, 2008
Employee?s representative barred from the employee?s psychological examinationMatter of Linda Gardner v Niskayuna Cent. School Dist., 2007 NY Slip Op 05816, Decided on July 5, 2007, Appellate Division, Third Department Niskayuna Central School District employee Linda Gardner served as the confidential secretary to Celeste Keane, the District?s Administrator for Human Resources and K-Twelve Counseling...

Refusal to submit to a drug test after arrest for alleged drug possession

Posted on April 08, 2008
Refusal to submit to a drug test after arrest for alleged drug possessionFire Department v Brown, OATH Index No. 659/07 Administrative Law Judge John Spooner recommended termination for a firefighter found to have refused to submit to a lawful drug test ordered based on reasonable suspicion -- his arrest for drug possession...

Pre-existent medical conditions may limit payment of disability insurance benefits

Posted on April 08, 2008
Pre-existent medical conditions may limit payment of disability insurance benefitsMitchell Benesowitz v Metropolitan Life Insurance Company, &c. and Honeywell Long Term Disability Income Plan, 2007 NY Slip Op 05580, Decided on June 27, 2007, Court of Appeals Many public employees have enrolled in a group disability insurance plan through their employer or through an employee, fraternal or professional organization...

Paying for a criminal defense

Posted on April 08, 2008
Paying for a criminal defensePolice Benevolent Assoc. v. Vacco, App. Div., 253 A.D.2d 920 Robert C. Gregory, a State Trooper, was indicted on March 23, 1995 by a Westchester County Grand Jury for the crimes of tampering with public records in the first degree, offering a false instrument for filing in the first degree, tampering with physical evidence and official misconduct...

Distinguishing between ?confidential employees? and ?confidential positions?

Posted on April 08, 2008
Distinguishing between ?confidential employees? and ?confidential positions?A commentary A PERB decision [Matter of Patchogue-Medford CSD and CSEA, E2417, ALJ Cacavas] demonstrates the importance of distinguishing between confidential employees and confidential positions as well the distinction between a ?confidential employee? for Taylor Law purposes and an employee serving in a ?confidential position? for Section 75 purposes...

Status as head of a police department ? not the individual?s title -- triggers GML 207-m benefits

Posted on April 07, 2008
Status as head of a police department ? not the individual?s title -- triggers GML 207-m benefitsParadiso v Loeffler, 19 Misc.3d 1103 (This decision will not be published in the printed Official Reports)On July 13, 2007, the attorney for Edward Paradiso wrote to the Mayor of the Village of Ocean Beach asking that Paradiso?s annual compensation be increased by $2,174...

Second Circuit Court of Appeals Recognizes Association Discrimination Claim

Posted on April 07, 2008
Second Circuit Court of Appeals Recognizes Association Discrimination ClaimSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Public employee?s right to free speech yields to employer?s interest

Posted on April 07, 2008
Public employee?s right to free speech yields to employer?s interestCarlos Blackman v New York City Transit Authority, CA, 2nd Circuit, 491 F.3d 95 Carlos Blackman was fired after he commented that he thought two Transit Authority supervisors who had recently been murdered ?deserved what they got for getting [a Transit Authority employee] fired...

Reasonable Accommodation to Facilitate Employee's Return to Work from FMLA Leave Not Required

Posted on April 07, 2008
Reasonable Accommodation to Facilitate Employee's Return to Work from FMLA Leave Not RequiredSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright © 2008. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission. Mr...

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