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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

Prohibited subjects of arbitration

Posted on October 27, 2010
Prohibited subjects of arbitrationMatter of County of Chautauqua v Civil Serv. Empls. Assn., Local 1000, AFSCME, AFL-CIO, County of Chautauqua Unit 6300, Chautauqua County Local 807, 8 NY3d 513[Matter of County of Chautauqua v Civil Serv. Empls. Assn...

Court permits tape-recorded statements provided by informants to be admitted into evidence in an administrative disciplinary hearing

Posted on October 27, 2010
Court permits tape-recorded statements provided by informants to be admitted into evidence in an administrative disciplinary hearingSannuti v Safir, 261 AD2d 153Marino E. Sannuti, a New York City police officer, was dismissed from his position after he was found guilty of conspiring with a ?chop shop owner? to have at least one car stolen on his behalf...

Contract provisions agreed upon

Posted on October 27, 2010
Contract provisions agreed upon in the course of collective negotiations pursuant to the Taylor Law cannot not override a statutory mandateMatter of City of Long Beach v Civil Serv. Empls. Assn., Inc. [Long Beach Unit], 8 NY3d 465Article V, Section 6 of New York State?s Constitution mandates that appointments and promotions in the civil service of the State and its political subdivisions "shall be made according to merit and fitness to be ascertained, as far as practicable, by examination which, as far as practicable, shall be competitive...

Police officers claim they were subjected to punishment after failing to meet their "traffic ticket quotas"

Posted on October 27, 2010
Police officers claim they were subjected to punishment after failing to meet their "traffic ticket quotas" Matarazzo v NYC Police Dept., 261 AD2d 142Section 215-a of the State Labor Law makes it unlawful to penalize an individual who fails to meet any quota related to the issuance of tickets or summonses written within a specified period of time for traffic violations...

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Challenging a disciplinary determination based on allegations that it was not based on "substantial evidence"

Posted on October 27, 2010
Challenging a disciplinary determination based on allegations that it was not based on "substantial evidence" Spry v Delaware Co., 253 AD2d 178 One of the most common of reasons set out in an appeal challenging an adverse Section 75 disciplinary determination is that the decision is not supported by substantial evidence...

Substantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusion

Posted on October 26, 2010
Substantial evidence consists of relevant proof that a reasonable person would accept as adequate to support a conclusionMatter of Seltzer v City of Rochester, 2010 NY Slip Op 06846, Decided on October 1, 2010, Appellate Division, Fourth DepartmentLawrence M...

Duty of fair representation

Posted on October 26, 2010
Duty of fair representationRunfola and Local 2028, 32 PERB 3028Peter Runfola filed charges claiming that the Local 2028, International Longshoreman?s Association breached its duty of fair representation when it negotiated a contract layoff provision that ?was a material change in the then existing contractual language, and that the recently elected [union officers] negotiated the clause to reward their supporters and punish their opponents, who included Runfola...

Conforming of the arbitration award

Posted on October 26, 2010
Conforming of the arbitration awardPatry v Vill. of Tupper Lake, 262 AD2d 757, Motion for leave to appeal denied, 94 NY2d 753The Patry decision by the Appellate Division provides an example of a rather rare event: a court providing relief that the award itself neglected to include...

Challenging an administrative determination while a related grievance is pending

Posted on October 26, 2010
Challenging an administrative determination while a related grievance is pendingSokol v Granville CSD, 260 AD2d 692The fact that a contract grievance is pending will not always bar an individual from suing. Nor must a complaint by a teacher necessarily be considered by the Commissioner of Education before it is ripe for adjudication by the courts...

Reviewing body must have jurisdiction to consider disciplinary appeals

Posted on October 26, 2010
Reviewing body must have jurisdiction to consider disciplinary appealsMontella v Bratton, Court of Appeals, 93 NY2d 424Although Section 75 of the Civil Service Law sets out what is probably the best-known statutory procedure for initiating disciplinary action against employees in the classified service, other statutory procedures are available for this purpose...

Timely filing of a grievance

Posted on October 26, 2010
Timely filing of a grievanceHill v NYC Board of Ed., 258 AD2d 462A collective bargaining agreement provided that an employee must file a grievance ?within a reasonable period not to exceed 75 days following the action complained of.? The agreement also provided that an arbitration panel ?shall be without power or authority to make any decision ...

Conviction for sick leave fraud upheld

Posted on October 26, 2010
Conviction for sick leave fraud upheldPeople v Patino, 259 AD2d 502 [see, also, 259 AD2d 502]The Appellate Division upheld the conviction of Robert Patino, a former Nassau County police officer, who was found guilty of grand larceny and defrauding the government in connection with his claim of disability in order to obtain sick leave benefits...

Graduate Student seeks assistance concerning "making decisions in employment discrimination cases involving personnel selection procedures"

Posted on October 26, 2010
Graduate Student seeks assistance concerning "making decisions in employment discrimination cases involving personnel selection procedures"Erica Drew, a graduate student at Florida International University, is collecting data for her Masters Thesis. This research is being supervised by Dr...

An educator does not have a First Amendment right to determine the method of instruction and the books to be used in his or her classroom

Posted on October 25, 2010
An educator does not have a First Amendment right to determine the method of instruction and the books to be used in his or her classroomEvans-Marshall v Tipp City Exempted Village School District, CA Sixth Circuit, 09-3775Shelly Evans-Marshall, a public high school teacher claimed that she had a First (and 14th) Amendment right ?to select books and methods of instruction for use in the classroom without interference from public officials? and that the school district had retaliated against her when she attempted to exercise those rights...

Contracting out work

Posted on October 25, 2010
Contracting out workVestal Employees Association, v PERB and the Vestal Central School District, 94 NY2d 409In Matter of Webster Cent. School Dist. v Public Empl. Relations Bd., (75 NY2d 619), the Court of Appeals ruled that Education Law Section 1950 (4) (bb) permits school districts to substitute participation in a Board of Cooperative Educational Services (BOCES) summer school program for its own program without undertaking collective bargaining with their teachers' unions...

Court vacates dismissal as too harsh a penalty after considering employee's work record

Posted on October 25, 2010
Court vacates dismissal as too harsh a penalty after considering employee's work recordCurrithers v Mazzullo, 258 AD2d 460School bus driver Steadman Currithers pled guilty to driving while his ability was impaired. He was served with disciplinary charges of misconduct and incompetence based on this conviction...

Vindicating an employee's right conferred by law may not be resolved by filing a grievance pursuant to a collective bargaining agreement

Posted on October 25, 2010
Vindicating an employee's right conferred by law may not be resolved by filing a grievance pursuant to a collective bargaining agreementMarino v Hauppauge UFSD, 262 AD2d 321If a public employee claims that some action by his or her employer violated his or her statutory rights, may the employer insist that the issue be resolved by the employee filing a grievance under a Taylor Law contract grievance procedure? No said the Appellate Division in the Marino case...

Termination after failing the National Teacher?s Exam upheld

Posted on October 25, 2010
Termination after failing the National Teacher?s Exam upheldFeldman, et. al., v Bd. of Ed., City of New York, 262 AD2d 276Because they had not passed the National Teacher?s Examination, the New York City Board of Education terminated the teaching license it had issued to Sandra Feldman and a number of other teachers employed by the board...

Employer not be liable for damages resulting from employee?s off duty misconduct absent notice of the employee's proclivity for such misconduct

Posted on October 22, 2010
Employer not be liable for damages resulting from employee?s off duty misconduct absent notice of the employee's proclivity for such misconductAcosta-Rodriguez v City of New York, 2010 NY Slip Op 07470, Decided on October 21, 2010, Appellate Division, First DepartmentAn employee of the New York City Board of Education [BOE] was alleged to have sexually abused two students...

Employment application fraud leads to disqualification for employment

Posted on October 22, 2010
Employment application fraud leads to disqualification for employmentSchindlar v Village of Lloyd Harbor, 261 AD2d 626Providing false information in his application for appointment as a police officer resulted in Dennis Schindlar?s disqualification and removal from his position with the Village of Lloyd Harbor...

Administrator' terminated after being found guilty of ignoring the Civil Service Law with respect to the appointment of personnel

Posted on October 22, 2010
Administrator' terminated after being found guilty of ignoring the Civil Service Law with respect to the promotion of personnelGillen v Smithtown Library, 254 AD2d 486, Affirmed, 94 NY2d 776An administrator who ignores the mandates of the Civil Service Law when it comes to promoting staff members places himself or herself in harms way, as the Gillen case demonstrates...

Recovering missing public funds

Posted on October 22, 2010
Recovering missing public funds Utica Mutual Insurance Co., as the Subrogee of the Town of Sand Lake v. Laura Avery, 261 AD2d 802, motion for leave to appeal denied, 93 NY2d 818From time to time, a public employee resigns from his or her position after some money is found to be missing...

Disciplining an employee for off-duty

Posted on October 22, 2010
Disciplining an employee for off-duty misconductAnderson v Safir, App. Div., 260 AD2d 179The Commissioner of Police found that Michael Anderson and some other New York City police officers were guilty of off-duty misconduct when they ?wrongfully placed civilians in fear of imminent physical injury by displaying their guns and using racial epithets...

Failing to participate in a counseling program results in disciplinary action

Posted on October 22, 2010
Failing to participate in a counseling program results in disciplinary actionSiciliano v Safir, 259 AD2d 366New York City police officer Matthew Siciliano was dismissed from his position after he refused to enter the department?s counseling program. Siciliano had been given at least four direct orders to do so within six months...

Terminating an educator during his or her probationary period

Posted on October 22, 2010
Terminating an educator during his or her probationary periodGreen v Bd. of Ed., 262 AD2d 411 The Green decision succinctly sets out the basic guidelines used by courts in determining if an educator was lawfully terminated if he or she was dismissed during, or at the end of, his or her probationary period without being given a statement of the reasons for the termination or an administrative hearing...

Employee served with disciplinary charges alleging horseplay involving threats with an ?imitation? handgun

Posted on October 21, 2010
Employee served with disciplinary charges alleging horseplay involving threats with an ?imitation? handgunMaterials For the Arts (MFTA) is a program within the New York City Department of Cultural Affairs that collects donated materials and makes them available to not-for-profit arts groups...

Disciplinary arbitration award is not reviewable by PERB even if alleged to constitute an improper practice within the meaning of the Taylor Law

Posted on October 21, 2010
Disciplinary arbitration award is not reviewable by PERB even if alleged to constitute an improper practice within the meaning of the Taylor LawToshunbe and Buffalo Board of Education, 32 PERB 3026Doris Toshunbe was served with disciplinary charges alleging 21 counts of incompetence, 12 counts of insubordination and 11 counts of misconduct...

Selection of arbitrators

Posted on October 21, 2010
Selection of arbitratorsSuffolk Co. PBA v Suffolk, Sup. Ct., Suffolk Co., [Not selected for publication in the Official Reports]May a legislative body limit the parameters used to select arbitrators in connection with collective bargaining, impasse resolution and contract administration? Yes, if the reasons are legitimate and the action is consistent with the relevant collective bargaining agreement, the Supreme Court of Suffolk County ruled...

Recalling firefighters on General Municipal Law Section 207-a disability leave to report for light duty

Posted on October 21, 2010
Recalling firefighters on General Municipal Law Section 207-a disability leave to report for light duty Cohoes v Local 2562, IAFF, Court of Appeals, 94 NY2d 686Barnes v Council 82 [Monroe], Court of Appeals, 94 NY2d 719What is the proper procedure for a municipal employer to a call disabled firefighter or police officer back to work for a light duty assignment? The Cohoes and Monroe cases offer some of the clearest judicial views on the administrative processing of GML Section 207-a/207-c matters involving light duty...

Name-clearing hearings

Posted on October 21, 2010
Name-clearing hearingsAquilone v City of New York, 262 AD2d 13, Motion for leave to appeal denied, 93 NY2d 819A public employee who has been terminated from his or her position may be entitled to a name-clearing hearing if the reasons for his or her separation have been made public by the employer and those reasons tend to ?stigmatize? the individual...

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