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.

Post Frequency: 10.2/day

Last Entry: November 05, 2020 at 10:02:02

Terminated employee?s back pay settlement obviates individual?s claim for unemployment insurance benefits for the period covered by the settlement

Posted on October 14, 2010
Terminated employee?s back pay settlement obviates individual?s claim for unemployment insurance benefits for the period covered by the settlementMatter of Glick v Commissioner of Labor, 2010 NY Slip Op 07103, decided on October 7, 2010, Appellate Division, Third DepartmentJoseph Glick was terminated from his position with the Office of Children and Family Services on October 27, 2005...

Collateral estoppel

Posted on October 14, 2010
Collateral estoppelJaworowski v NYC Transit Authority, 2nd Circuit, 182 F. 3d 900, Cert. denied, 99?542The doctrine of collateral estoppel prevents a party from relitigating issues previously considered by one forum in a second forum. The doctrine is based on the concept that a party may not relitigate an issue if the identical issue was necessarily decided in a previous proceeding, provided that the party against whom collateral estoppel is being asserted had a full and fair opportunity to litigate the issue in the prior action...

Union takes disciplinary action against union member

Posted on October 14, 2010
Union takes disciplinary action against union memberPerez v Local 39, IUOE, USDC EDNYCan a union member slander his or her union leadership and avoid internal union discipline? Yes, as the Perez case shows.The membership of Local 39, International Union of Operating Engineers, disciplined Richard Perez for ?willfully slandering and libeling another member of the Union...

Appeal of an administrative disciplinary action must be presented to the proper forum

Posted on October 14, 2010
Appeal of an administrative disciplinary action must be presented to the proper forumWesthampton Beach UFSD v Ziparo, 275 A.D.2d 411School districts can pursue disciplinary charges against school employees in three different ways: (1) under Section 75 of the Civil Service Law (for employees in the classified service); (2) under Section 3020-a of Education Law (for teachers and others in the unclassified service); or, in some cases, (3) under an arbitration provision set out in of collective bargaining agreement...

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Retirement benefits and divorce

Posted on October 14, 2010
Retirement benefits and divorceRogovin v Rogovin, NYS Supreme Court (Justice Flug), [Not selected for publication in the Official Reports]One of the elements in a divorce settlement is the right of a former spouse to a share of the retirement benefits paid to his or her former spouse...

Eligibility to serve as a school board member

Posted on October 14, 2010
Eligibility to serve as a school board memberJackson and City of Long Beach CSD, Decisions of the Commissioner of Education, #14,131Norman B. Alpren, a member of the Long Beach City School District since 1989, was appointed Commissioner of the Long Beach Auxiliary Police [CAP] in 1994...

Testing for illegal drugs

Posted on October 14, 2010
Testing for illegal drugsDavis v Safir, App. Div., 262 AD2d 107New York City police officer Freida Davis tested positive for cocaine after being given EMIT and GC/MS tests. This ultimately resulted in the Police Commissioner dismissing her from the force...

An educator may accrue tenure and seniority rights in both an administrative and teacher tenure area simultaneously under certain circumstances

Posted on October 13, 2010
An educator may accrue tenure and seniority rights in both an administrative and teacher tenure area simultaneously under certain circumstancesNancy Pearse v Board of Education of the Burnt Hills-Ballston Lake Central School District, Decisions of the Commissioner of Education, Decision #16,159The Commissioner of Education sustained, in part, an appeal filed by Nancy Pearse challenging the determination of the Board of Education of the Burnt Hills-Ballston Lake Central School District and its Superintendent, James Schultz, to excess her as a foreign language teacher...

Educator terminated after being found guilty of berated and belittled less senior staff members

Posted on October 13, 2010
Educator terminated after being found guilty of berated and belittled less senior staff membersMatter of Denhoff v Mamaroneck Union Free School Dist., 2010 NY Slip Op 51742(U), decided on September 30, 2010, Supreme Court, Westchester County, Judge John P...

Employer?s internal regulations are not a ?well-developed body of law and regulation? for the purposes of �205-a of the General Municipal Law

Posted on October 13, 2010
Employer?s internal regulations are not a ?well-developed body of law and regulation? for the purposes of �205-a of the General Municipal LawVosilla v City of New York, 2010 NY Slip Op 07162, decided on October 5, 2010, Appellate Division, Second Department�205-a of the General Municipal Law, in pertinent part, provides for an additional right of action to firefighters ?in the event any accident, causing injury, death or a disease which results in death, occurs directly or indirectly as a result of any neglect, omission, willful or culpable negligence of any person or persons in failing to comply with the requirements of any of the statutes, ordinances, rules, orders and requirements of the federal, state, county, village, town or city governments or of any and all their departments, divisions and bureaus...

Public Sector union did not breach its duty of fair representation

Posted on October 13, 2010
Public Sector union did not breach its duty of fair representationSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Applying for disability retirement

Posted on October 13, 2010
Applying for disability retirement Bowns v McCall, 263 AD2d 668Vecchi v NY State and Local Employees? Retirement System, 263 AD2d 669 In order to qualify for accidental disability retirement benefits, a member of the New York State Employees? Retirement System [ERS] must prove: 1...

Impartiality of discipline panel members

Posted on October 13, 2010
Impartiality of discipline panel membersInformal Opinions of the Attorney General, 99-21The impartiality of a disciplinary tribunal is a critical element in any disciplinary action. Further, even the appearance of any impropriety must be avoided. Would it be appropriate for an individual to serve on a disciplinary panel if there was a possibility that his or her son might be called as a witness in the proceeding? David A...

Probationary employee discharged for misrepresenting location of residence at time of employment

Posted on October 13, 2010
Probationary employee discharged for misrepresenting location of residence at time of employmentMunich v Dept. of Public Safety, 262 AD2d 959A State Supreme Court judge annulled the Lackawanna Department of Public Safety?s dismissal of probationary firefighter Steven J...

Determining an educator?s seniority

Posted on October 12, 2010
Determining an educator?s seniority for the purposes of layoff and reinstatement from a preferred listDonna Marsico v Board of Education of the City School District of the City of Mount Vernon, Decisions of the Commissioner of Education, Decision #16,158Donna Marsico was appointed to a probationary appointment as a teacher of business education, effective February 1, 1989...

School boards action in an executive session appointing an interim school superintendent held to have violated the State?s Open Meetings Law

Posted on October 12, 2010
School boards action in an executive session appointing an interim school superintendent held to have violated the State?s Open Meetings LawMatter of Zehner v Board of Educ. of the Jordan-Elbridge Cent. School Dist., 2010 NY Slip Op 51709(U), Decided on October 1, 2010, Supreme Court, Onondaga County, Judge Donald A...

Considering an employee?s personnel record in a disciplinary action

Posted on October 12, 2010
Considering an employee?s personnel record in a disciplinary actionSource: 2001 No. 2 Pub. Emp. L. Notes 27On October 1, 2010, NYPPL posted a summary of the decision in Matter of Board of Educ. of the Dundee Cent. School Dist. v Coleman, 2010 NY Slip Op 51684(U), decided October 1, 2010, Supreme Court, Yates County, Judge W...

Employees must answer questions honestly in the course of an investigation involving job-related conduct

Posted on October 12, 2010
Employees must answer questions honestly in the course of an investigation involving job-related conductPeople v James, Court of Appeals, 93 NY2d 620Section 106 of the Civil Service Law provides that it is a misdemeanor to obstruct the civil service rights of an individual...

Court said dismissal too harsh a penalty after considering employee?s personnel file

Posted on October 12, 2010
Court said dismissal too harsh a penalty after considering employee?s personnel fileSchnaars v Copiague UFSD, 275 AD2d 462Is dismissal too severe a penalty for a school employee who uses a school computer to find pornographic web sites? Yes, both a Supreme Court Judge and the Appellate Division ruled in the Schnaars case...

Communications between department?s attorney and agency employees privileged

Posted on October 12, 2010
Communications between department?s attorney and agency employees privilegedColeman v City of New York, NYS Supreme Court, Judge Peck, [Not selected for publication in the Official Reports]In the private sector, conversations between an attorney and his or her client are private and cannot be disclosed without the client?s permission...

Substantial evidence support finding that employee guilty of disciplinary charges filed against him

Posted on October 12, 2010
Substantial evidence support finding that employee guilty of disciplinary charges filed against himMatter of Drury v Village of N. Syracuse, 2010 NY Slip Op 06944, Decided on October 1, 2010, Appellate Division, Fourth DepartmentPhillip Druyry commenced an CPLR Article 78* proceeding in an effort to obtain a court order annulling the determination terminating his employment as Village of North Syracuse Code Enforcement Officer and Fire Marshall following a disciplinary hearing held pursuant to Civil Service Law �75...

Social Media - its use by employers in pre-employment, employment and post-employment situations

Posted on October 08, 2010
Social Media - its use by employers in pre-employment, employment and post-employment situationsSource: Article by Eileen Morgan Johnson, Esq. of Whiteford, Taylor Preston [emjohnson@wtplaw.com ]. Copyright � 2010, All rights reserved.Part I - Social Media and Pre-employment SituationsPart II - Social Media and the Workplace ...

As New York arbitration law is in accord with the policies of the Federal Arbitration Act, New York law governs federal court review of New York award

Posted on October 07, 2010
As New York arbitration law is in accord with the policies of the Federal Arbitration Act, New York law governs federal court review of New York awardCounty of Nassau v Chase, United States Court of Appeals, Second Circuit, No. 09-3643-cv, Summary Order Chase and other parties appealed a federal district court's granting Nassau County?s motion to confirm an arbitration award...

Civil Service Law Section 72 leave

Posted on October 07, 2010
Civil Service Law Section 72 leaveLara v City of New York, 1999 WL 459803.It is not unusual for an employee placed on disability leave pursuant to Section 72 of the Civil Service Law to allege that his or her employer?s action in placing the individual on such leave constituted unlawful discrimination because of a disability...

Terms and conditions of the appointment

Posted on October 07, 2010
Terms and conditions of the appointmentCarney v Insetta, App. Div., 3rd Dept., 263 AD2d 743, motion for leave to appeal denied, 94 NY2d 753How does one determine what an individual is entitled to as an employee?In resolving the Carney case, the Appellate Division said: just look at what the individual was offered when he or she was appointed to the position...

Transferring unit work

Posted on October 07, 2010
Transferring unit workCSEA Local 1000 and Local 836, 32 PERB 3015The City of Newburgh abolished its positions of animal control officers, who were represented by CSEA. The city unilaterally transferred the duties of the positions to the nonunit police officers represented by Local 836...

PERB finds employer dismissed probationer

Posted on October 07, 2010
PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary periodCSEA Local 1000 and Westchester County, 32 PERB 3017Westchester County terminated probationary employee Michael Holcomb.CSEA objected, contending that Holcomb was discharged because of his participation in union-related ?protected activities? in violation of the Taylor Law...

Reverse discrimination

Posted on October 07, 2010
Reverse discriminationHayden v Nassau County, CA2, 180 F.3d 42The Hayden decision sets out some of the major considerations that are relevant in attempting to demonstrate ?reverse discrimination? in civil service examinations.After an exam was administered to 25,000 police department applicants in Nassau County in 1994, experts evaluated the 25 test sections administered to determine if any had an adverse impact on minority test-takers as well as whether the test questions were sufficiently job-related...

An interim award by an arbitrator does not constitute a "final determination? for the purposes of an Article 75 appeal challenging the award

Posted on October 06, 2010
An interim award by an arbitrator does not constitute a "final determination? for the purposes of an Article 75 appeal challenging the awardMatter of Geneva City School Dist. v Anonymous, 2010 NY Slip Op 06915, Decided on October 1, 2010, Appellate Division, Fourth DepartmentThe Geneva City School District filed 16 disciplinary charges pursuant to Education Law �3020-a against a tenured teacher [Anonymous] employed by the district...

Termination for inability to produce proof of possession of a required license or certificate is not a dismissal in the nature of discipline

Posted on October 06, 2010
Termination for inability to produce proof of possession of a required license or certificate is not a dismissal in the nature of disciplineMatter of Cravatta v New York State Dept. of Transp., 2010 NY Slip Op 06952, decided on October 1, 2010, Appellate Division, Fourth DepartmentMichael J...

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