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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

Retaliating against employees for political activity

Posted on September 13, 2010
Retaliating against employees for political activityRichardson v Saratoga Springs, App Div, 246 A.D.2d 900Scott Richardson, one of two ?city electricians? employed by the Saratoga Springs Department of Public Works, supported his brother-in-law in a political race against the City?s incumbent Commissioner of Public Works...

School district ordered to reimburse Medicare-eligible retirees enrolled in Medicare the cost of Medicare premiums

Posted on September 10, 2010
School district ordered to reimburse Medicare-eligible retirees enrolled in Medicare the cost of Medicare premiumsMatter of Bryant v Board of Educ., Chenango Forks Cent. School Dist., Supreme Court, Broome County, 2010 NY Slip Op 20360, Decided on September 3, 2010, Supreme Court, Broome County, Judge Philip R...

Appealing an administrative determination by the State Department of Education

Posted on September 10, 2010
Appealing an administrative determination by the State Department of Education Appeal of Dean F. Goewey, Decisions of the Commissioner of Education, Decision #16,135The State Education Department?s Office of School Personnel Review and Accountability denied Dean F...

Exhausting the contract grievance procedure is not always a condition precident to challenging a disciplinary action

Posted on September 10, 2010
Exhausting the contract grievance procedure is not always a condition precident to challenging a disciplinary actionMancuso v Crew, NYS Supreme Court, [Not selected for publication in the Official Reports]If a collective bargaining agreement contains a ?contract grievance procedure,? must an employee who has been disciplined exhaust the contract grievance procedure before he or she may challenge the disciplinary action pursuant to Section 75 of the Civil Service Law?As the Mancuso case demonstrates, the answer can be no, but only if the collective bargaining agreement does not provide a contract disciplinary procedure in place of Section 75...

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Eligibility for unemployment insurance between school years depends on the absence of an ?assurance of reemployment?

Posted on September 10, 2010
Eligibility for unemployment insurance between school years depends on the absence of an ?assurance of reemployment?Aljandari v Buffalo Bd. of Education, App. Div., 245 A.D.2d 647[Decided with Smith v Buffalo Board of Education]Often temporary teachers seek unemployment insurance benefits during a school district?s summer recess...

Creating new negotiating units

Posted on September 10, 2010
Creating new negotiating unitsErie County v PERB, Appellate Division, 247 A.D.2d 671The Erie County v PERB case suggests that PERB has become more flexible regarding splitting sheriff?s department employees into separate collective bargaining units.In Erie County Teamsters Local 264 represented a single large negotiating unit that included both Deputy Sheriff-criminal [?criminal deputies?] and Deputy Sheriff-officer [?officer deputies?] positions...

School district advised to comply with the Commissioner?s regulations as to staffing or obtain approval for an alternate staffing arrangement

Posted on September 09, 2010
School district advised to comply with the Commissioner?s regulations as to staffing or obtain approval for an alternate staffing arrangementSharon Kennedy-Frost And United Federation Of Teachers, Local 2, American Federation Of Teachers, AFL-CIO, Decisions of the Commissioner of Education 16,130A number of a library media specialist [LMS] employed by the New York City Department of Education and their collective bargaining representative contended that the Department failed to comply with the staffing requirements set forth in �91...

Alcoholism as a defense in a disciplinary action

Posted on September 09, 2010
Alcoholism as a defense in a disciplinary actionMurolo v Safir, Appellate Division, 246 A.D.2d 653, Leave to appeal denied, 91 N.Y.2d 813In McEniry v Landi, 84 NY2d 554, the Court of Appeals said that alcoholism qualifies as a disability within the meaning of the State?s Human Rights Law [Section 292...

Determining the compensation of the officers of a town

Posted on September 09, 2010
Determining the compensation of the officers of a townTaney v Town of Waterloo, NYS App. Div., 245 A.D.2d 1079, Motion for leave to appeal denied, 91 N.Y.2d 957Although a Town Board may determine the compensation to be paid a Town Justice, its decision to pay its justices at different rates may raise a federal ?equal protection? issue...

Public entities are immune from negligence claims arising out of the performance of its governmental functions absent proof of a special relationship

Posted on September 09, 2010
Public entities are immune from negligence claims arising out of the performance of its governmental functions absent proof of a special relationshipZeitlin v NYC Board of Education, NYS Supreme Court [Not selected for publication in the Official Reports]Pupils assaulting teachers has become an occupational hazard in a number of school districts...

Unit exclusivity

Posted on September 09, 2010
Unit exclusivityCSEA and Warrensburg CSD, 30 PERB 3056Suffolk Co Corrections Officers Assoc v PERB, App. Div., 246 A.D.2d 660Exclusivity is an important issue to a collective bargaining unit. It sets out those tasks that may be performed only by unit members to the exclusion of all others...

Court vacates hearing officer?s disciplinary determination after finding that it was arbitrary and capricious

Posted on September 08, 2010
Court vacates hearing officer?s disciplinary determination after finding that it was arbitrary and capriciousTrupiano v Meadow Union Free School Dist., 2010 NY Slip Op 32264(U), August 10, 2010, Supreme Court, Nassau County, Judge: Michele M. Woodard [Not selected for publication in the Official Reports]From September 2004 through March 2007, the East Meadow UFSD teachers engaged in numerous activities to protest the fact that they did not have a successor collective bargaining agreement in place,* including picketing the School District's school buildings...

Some procedural basics in perfecting an appeal to the Commissioner of Education

Posted on September 08, 2010
Some procedural basics in perfecting an appeal to the Commissioner of EducationKathleen Vendel, et al., v the Board of Education of the Marion Central School District, Decisions of the Commissioner of Education, Decision #16,134The decision of the Commissioner of Education in Vendel sets out a number of procedural elements that must be satisfied in order to perfect an appeal to the Commissioner...

Full evidentiary hearing required before discontinuing GML Section 207-a benefits

Posted on September 08, 2010
Full evidentiary hearing required before discontinuing GML Section 207-a benefitsGiorgio v Bucci, Appellate Division, 246 A.D.2d 711, Motion to appeal denied, 91 N.Y.2d 814Thomas Giorgio, a Binghamton firefighter, began receiving disability benefits pursuant to Section 207-a effective January 13, 1996 based on his claim of a work-related injury on that date...

Claiming drug abuse as a disability under the Americans with Disabilities Act

Posted on September 08, 2010
Claiming drug abuse as a disability under the Americans with Disabilities ActD?Amico v Bruno, CA2, 132 F.3d 145Vito D?Amico, a New York City firefighter, complained that the Department violated the Rehabilitation Act of 1973 (an anti-discrimination law that applies to federally-funded employers) when it dismissed him from his position with the Fire Department of the City of New York (NYFD) because of his use of illegal drugs...

Selected articles concerning employment related issues noted by law firms

Posted on September 08, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed[New users can register free of charge at www.lexology.com/account/register.aspx]Telecom privacy newsArent Fox LLPAs part of the draft of a law governing workplace privacy, Germany has proposed placing restrictions on employers who want to use Facebook and other social networking sites when making hiring decisions...

Removing a public officer of a town from his or her position

Posted on September 07, 2010
Removing a public officer of a town from his or her positionPublic Officers Law Section 36Unhappy with their Town Supervisor, a number of residents of a town wrote to New York Governor David Paterson and asked him to remove the official from office.According to a newspaper report,* Governor Paterson?s attorney, Peter J...

Selected articles concerning employment related issues noted by law firms

Posted on September 07, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed[New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Employment-at-will status may be tempered by provisions in the employer?s policy manual or personnel handbook under certain conditions

Posted on September 07, 2010
Employment-at-will status may be tempered by provisions in the employer?s policy manual or personnel handbook under certain conditionsPearce v Clinton Community College, 246 A.D.2d 775New York State is an ?employment-at-will? state. This means that unless there is some statutory or contractual right to due process, an employee may be terminated without notice and a hearing...

Eleventh Amendment immunity lost should a state adopt the Fair Labor Standards Act as state law

Posted on September 07, 2010
Eleventh Amendment immunity lost should a state adopt the Fair Labor Standards Act as state lawMueller v Thompson, CA7, 133 F.3d 1063In Seminole Tribe v Florida, 517 US 44, the U.S. Supreme Court held that Congress did not have the power to void a state?s Eleventh Amendment immunity from suit in the federal courts by enacting legislation pursuant to the Commerce Clause...

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Posted on September 06, 2010
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NYS Common Retirement Fund employer contribution rates to increase in 2012

Posted on September 03, 2010
NYS Common Retirement Fund employer contribution rates to increase in 2012Source: Office of the State ComptrollerOn September 2, 2010 State Comptroller Thomas P. DiNapoli announced increases over the previous year in the 2011-12 employer contribution rates for the New York State Common Retirement Fund...

A difference between judicial and administrative hearings

Posted on September 03, 2010
A difference between judicial and administrative hearingsSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/Here is another case from Patty Salkin (Albany) on her Law of the Land blog, "FL Appeals Court holds that Neighboring Landowners in a Quasi Judicial Hearing Are Not Entitled to Cross-Examine Witnesses"...

Selected articles concerning employment related issues noted by law firms

Posted on September 03, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed[New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Fear of AIDS

Posted on September 03, 2010
Fear of AIDSBarbara S. v Nassau County, Supreme Court, Nassau County, [Not selected for publication in the Official Reports]Emergency service personnel who believe that they have been exposed to HIV in the course of their employment may claim to have developed a fear of Acquired Immune Deficiency Syndrome [AIDS]...

Payment of hazardous duty pay while receiving GML Section 207-c benefits

Posted on September 03, 2010
Payment of hazardous duty pay while receiving GML Section 207-c benefitsTown of Carmel v PERB, Appellate Division, 246 A.D.2d 791Prior to January 1995, Town of Carmel police officers assigned to ?light duty? pursuant to Section 207-c of the General Municipal Law performed desk duty...

Employer?s failure to provide disciplinary hearing to a temporary employee after having initiated disciplinary action an abuse of discretion

Posted on September 02, 2010
Employer?s failure to provide disciplinary hearing to a temporary employee after having initiated disciplinary action an abuse of discretionMatter of Kaefer v New York State Off. of Parks Recreation & Historical Preserv., 2010 NY Slip Op 51503(U), Decided on July 16, 2010, Supreme Court, Nassau County, Judge Ute Wolff Lally, [Not selected for publication in the Official Reports]Robert Kaefer had been employed as a ?seasonal temporary? lifeguard for 18 years* by Jones Beach State Park [Parks]...

Employee terminated after refusing to accept reassignment to another location

Posted on September 02, 2010
Employee terminated after refusing to accept reassignment to another locationDippell v Hammons, 246 A.D.2d 450Dagmar Dippell, an attorney employed by the New York City Human Resources Administration, refused to report to her new assignment in Queens. This resulted in Dippell?s demotion following a disciplinary hearing...

Participating in an arbitration may bar extrication from the process

Posted on September 02, 2010
Participating in an arbitration may bar extrication from the processSuffolk County v Faculty Asso. of SCCC, App. Div., 247 A.D.2d 472Suppose a party appears at a grievance arbitration but later decides that it didn?t have to. May it ask to have the arbitration award vacated?This was the significant issue in the Suffolk County case...

Employee terminated after being found guilty of being AWOL for an extended period of time

Posted on September 01, 2010
Employee terminated after being found guilty of being AWOL for an extended period of time NYC Department of Health and Mental Hygiene v Gertskis, OATH Index #1938/10Polina Gertskis, an assistant chemist employed at a public health laboratory operated by the New York City Department of Health and Mental Hygiene was charged with being absent without authorization [AWOL} from her position since July 2007...

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