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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

Union?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroad

Posted on July 19, 2010
Union?s demand for all documents, including without limitation, any memoranda between any of the employer?s agents overbroadDistrict Council 37, AFSCME, Local 1070 and State Of New York - Unified Court System, U-27031 [Source: PERB?s Recent Decisions posting on the Internet]PERB affirmed the ALJ's decision that the Unified Court System [UCS] violated зз209a...

Notice of a final administrative determination

Posted on July 19, 2010
Notice of a final administrative determinationCity of New York v Appl, 289 A.D.2d 144The New York City Board of Collective Bargaining [OCB] issued its "final determination." It later sent a "courtesy copy of the decision to the City's Office of Labor Relations [OLR]...

Exception to seeking competitive bids for good and services

Posted on July 19, 2010
Exception to seeking competitive bids for good and servicesOmni Recycling of Westbury, Inc. v Town of Oyster Bay, 11 NY3d 868Typically a political subdivision of the State will solicit competitive bids for goods and services. However, this is not always the case, as the Omni Recycling decision by the Court of Appeals demonstrates...

Tests used by the courts in determining if a GML з50-e(5) petition seeking approval to file a late notice of claim should be granted

Posted on July 16, 2010
Tests used by the courts in determining if a GML з50-e(5) petition seeking approval to file a late notice of claim should be granted Burkhardt v Lindsay, 2010 NY Slip Op 06087, decided on July 13, 2010, Appellate Division, Second DepartmentLinda Burkhardt was employed as a Senior Legislative Aide to the Presiding Officer of the Suffolk County Legislature...

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Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such action

Posted on July 16, 2010
Evidence of a valid reason for taking disciplinary action against an employee trumps a finding that there was an improper reason for such actionBatyreva v New York City Dept. of Education, 57 AD3d 322, Motion to appeal denied, Slip Opinion No: 2009 NYSlipOp 67524Olga Batyreva alleged that she was assigned to grade a Regents examination and while doing so, observed other teachers improperly grading the exam with No...

Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowance

Posted on July 16, 2010
Not every mischance resulting in an injury is an "accident" for the purpose of receiving an accidental disability retirement allowanceMatter of Kenny v DiNapoli, 11 NY3d 873Paul G. Kenny challenged the Comptroller?s decision to deny his application for accidental disability retirement benefits...

PERB holds employer's refusal to supply documents requested by union in connection with its processing a grievance violated the Taylor Law

Posted on July 16, 2010
PERB holds employer's refusal to supply documents requested by union in connection with its processing a grievance violated the Taylor LawHampton Bays Teachers' Association, NYSUT, AFT, AFL-CIO and Hampton Bays Union Free School District, U-26980 [Source: PERB?s Recent Decisions posting on the Internet] The Board affirmed the decision of the ALJ finding that the District violated зз209a...

Overtime accruals excluded in calculating narcotics bureaus investigator?s retirement allowance

Posted on July 16, 2010
Overtime accruals excluded in calculating narcotics bureaus investigator?s retirement allowanceSource: Findlaw?s Weekly Government Benefits Newsletter ? A Thomson Company, Copyright й2010 by Findlaw, redistributed with permission. For subscription information go to: http://newsletters...

An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basis

Posted on July 15, 2010
An administrative determination will be sustained by the court unless it is shown to be arbitrary or capricious and without a rational basisPereira v Nassau County Civ. Serv. Commn., 2010 NY Slip Op 51209(U), Decided on June 14, 2010, Supreme Court, Nassau County, Judge Thomas Feinman, [Not selected for publications in the Official Reports]The Nassau County Civil Service Commission disqualified Victor Pereira for appointment as a Police Officer after he had passed the written test for the position...

Changes in New York State?s Personnel Management Manual: 2000 Probation

Posted on July 15, 2010
Changes in New York State?s Personnel Management Manual: 2000 ProbationSource: The New York Department of Civil Service Transmittal Memorandum No. 67The New York Department of Civil Service has distributed Transmittal Memorandum No. 67 updating its State Personnel Management Manual materials addressing ?probation...

Employee disciplined for making false statements in the course of an administrative investigation

Posted on July 15, 2010
Employee disciplined for making false statements in the course of an administrative investigationAbbate v Safir, App. Div., First Dept., 279 A.D.2d 260Not being truthful in responding to questions posed in the course of an official investigation may result in disciplinary action...

A multi-year employment contract between an educator and a school board necessarily binds successor school boards

Posted on July 15, 2010
A multi-year employment contract between an educator and a school board necessarily binds successor school boardsDecisions of the Commissioner of Education, 13958, 13960School superintendents and their deputies are usually employed pursuant to a written contract that sets out the terms and conditions of their employment...

Incorporating the terms of a collective bargaining agreement in an employment contract by reference sets the contract?s controlling provisions

Posted on July 15, 2010
Incorporating the terms of a collective bargaining agreement in an employment contract by reference sets the contract?s controlling provisions Drucker v Hofstra Univ., App. Div., Second Dept, 279 A.D.2d 472The Drucker case demonstrates the fact that if the terms of a collective bargaining agreement have been incorporated by reference into an employment contract between the individual and his or her employer, the courts will hold the parties to the controlling provisions set out in the collective bargaining agreement...

Claiming entitlement to payment for unused vacation and sick leave credit upon resignation

Posted on July 14, 2010
Claiming entitlement to payment for unused vacation and sick leave credit upon resignationSherwood v Town of Lancaster, 2010 NY Slip Op 06057, Decided on July 9, 2010, Appellate Division, Fourth DepartmentRichard J. Sherwood ?abruptly resigned? from his position of Town Attorney, Town of Lancaster, ?in order to avoid his imminent termination...

A name clearing hearing available if adverse allegations are shared with another agency or administrator without the assurance of confidentiality

Posted on July 14, 2010
A name clearing hearing available if adverse allegations are shared with another agency or administrator without the assurance of confidentialityVandine v Greece Cent. School Dist., 2010 NY Slip Op 06059, Decided on July 9, 2010, Appellate Division, Fourth DepartmentDouglas W...

The three-year statute of limitations for disqualifying an employee pursuant to Civil Service Law з50(4) does not apply in cases involving fraud

Posted on July 14, 2010
The three-year statute of limitations for disqualifying an employee pursuant to Civil Service Law з50(4) does not apply in cases involving fraudUrciuoli v Department of Citywide Admin. Servs., 2010 NY Slip Op 05876, Decided on July 1, 2010, Appellate Division, First DepartmentThe New York City Department of Citywide Administrative Services advised Gerard Urciuoli that it was retroactively rescinding its approval his application for employment as a New York City police officer and decertifying that he was qualified for such an appointment, thereby effectively terminating his employment...

Determining whether a provision in a collective bargaining agreement is subject to arbitration

Posted on July 13, 2010
Determining whether a provision in a collective bargaining agreement is subject to arbitrationMatter of Village of Johnson City v Johnson City Firefighters Assn., Local 921 IAFF, 2010 NY Slip Op 06034, decided on July 8, 2010, Appellate Division, Third DepartmentThe collective bargaining agreement between the Johnson City Firefighters Association, Local 921 IAFF and the Village of Johnson City included a grievance procedure that provided that disputes "involving the interpretation or application of any provisions of [the CBA]" are subject to binding arbitration...

Any administrative action in the nature of discipline taken against a tenured teacher must be taken pursuant to Education Law з3020-a exclusively

Posted on July 13, 2010
Any administrative action in the nature of discipline taken against a tenured teacher must be taken pursuant to Education Law з3020-a exclusivelyMatter of Rosenblum v New York City Conflicts of Interest Bd., 2010 NY Slip Op 05875, decided on July 1, 2010When the New York City Office of Administrative Tribunals and Hearings attempted to conduct an administrative hearing involving Stephen Rosenblum?s alleged infraction of the City?s ?conflict of interest? law, Rosenbaum obtained a court order from Supreme Court in the nature of a writ of prohibition...

Continuation of employment in a position upon its jurisdiction reclassification to the competitive class

Posted on July 13, 2010
Continuation of employment in a position upon its jurisdiction reclassification to the competitive classMatter of Civil Serv. Employees Assn., Inc., Local 1000, AFSCME, AFL-CIO v Mennillo, 38 A.D.3d 1113Suzanne Burns was permanently appointed to the noncompetitive position of computer aide by the City of Schenectady in 2000...

Arbitrator ordered employer to pay a portion of the employee?s costs in defending himself against disciplinary charges characterized as frivolous

Posted on July 13, 2010
Arbitrator ordered employer to pay a portion of the employee?s costs in defending himself against disciplinary charges characterized as frivolousBoard of Education of Florida Union Free School District v DePace, et al.,301 A.D.2d 521; appeal denied, 99 NY2d 511The Board of Education of Florida Union Free School District served disciplinary charges on Ronald DePace pursuant to з3020-a of the Education Law...

A broad arbitration clause still must satisfy the ?reasonable relationship test? for a court to grant a petition to compel arbitration

Posted on July 12, 2010
A broad arbitration clause still must satisfy the ?reasonable relationship test? for a court to grant a petition to compel arbitrationMatter of Johnson City Professional Fire Fighters Local 921 v Village of Johnson City, Proceedings I and II, 2010 NY Slip Op 06029 [Appeals were consolidated by order of the Court]In response to the Village?s initiating disciplinary action against certain members of Local 921, the Local filed a grievance demanding arbitration of an alleged breach of the collective bargaining agreement based on the Village?s unilateral selection of a hearing officer to preside over the disciplinary hearings...

Six-month need for intermittent leave rendered employee unfit for duty

Posted on July 12, 2010
Six-month need for intermittent leave rendered employee unfit for dutySource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright й 2010. 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 LitigationCharlene Wisbey was employed by the City of Lincoln, Nebraska as an emergency dispatcher...

Sustaining an injury driving to work in agency vehicle not a performance of duties injury for the purposes of eligibility for GML з207-c benefits

Posted on July 12, 2010
Sustaining an injury driving to work in agency vehicle not a performance of duties injury for the purposes of eligibility for GML з207-c benefitsMatter of Cady v County of Oneida, Supreme Court, Oneida County, 14 Misc3d 1234(A), Affirmed 38 AD3d 1320David Cady, a Deputy/Investigator for the Oneida County's Sheriff's Department, was assigned an unmarked Sheriff's vehicle...

Expanding exemptions from FOIL to protect "technology assets used to maintain public information"

Posted on July 12, 2010
Expanding exemptions from FOIL to protect "technology assets used to maintain public information"Chapter 154 of the Law of 2010The Governor has signed into law a bill amending the State?s Freedom of Information Law [Public Officers Law з87]. The bill, which amends Paragraph (i) of subdivision 2 of Section 87* is intended to providing agencies with authority to withhold disclosing of certain records when responding to FOIL requests...

Appeal to the Commissioner of Education dismissed for failure to name a necessary party

Posted on July 09, 2010
Appeal to the Commissioner of Education dismissed for failure to name a necessary partyAppeal of J.S. from action of the Board of Education of the Jordan-Elbridge Central School District and Superintendent Marilyn Dominick regarding a transfer.Decision No...

Supplements to an official?s salary

Posted on July 09, 2010
Supplements to an official?s salaryInformal Opinions of the Attorney General, 98-16A county Industrial Development Agency is authorized to issue bonds and grant tax exemptions as a means of providing financial assistance to business projects approved by the Agency...

Workers? compensation leave pursuant to Civil Service Law Section 71

Posted on July 09, 2010
Workers? compensation leave pursuant to Civil Service Law Section 71Bryant v City of New York, App. Div., 3rd Dept, 252 A.D.2d 777, Motion for leave to appeal denied, 92 N.Y.2d 813Section 71 of the Civil Service Law, commonly referred to as ?workers? compensation leave,? requires a public employer to give an employee who is injured on the job and as a result is unable to perform his or her duties a leave of absence for at least one year unless he or she is permanently disabled...

In an administrative disciplinary hearing, conflicting testimony merely "raised issues of credibility for the hearing officer to resolve

Posted on July 08, 2010
In an administrative disciplinary hearing, conflicting testimony merely "raised issues of credibility for the hearing officer to resolveMatter of Weymer v New York State Div. of State Police, 2010 NY Slip Op 05779, Appellate Division, Second DepartmentHarry J...

A ?conclusory affidavit? by the custodian of the records that are the target of a FOIL request insufficient to trigger a FOIL ?statutory exception?

Posted on July 08, 2010
A ?conclusory affidavit? by the custodian of the records that are the target of a FOIL request insufficient to trigger a FOIL ?statutory exception?Matter of Capital Newspapers Div. of the Hearst Corp. v City of Albany, 2010 NY Slip Op 05704, Decided on July 1, 2010, Court of AppealsThe Court of Appeals held that the City of Albany failed to meet its burden of demonstrating that the records sought by Capital Newspapers pursuant to a FOIL request were "personnel records "or police officers within the meaning of Civil Rights Law з50-a...

Nonmembers of an employee organization required to pay agency shop fees are entitled to a refund of such fees used for union organizing activities

Posted on July 08, 2010
Nonmembers of an employee organization required to pay agency shop fees are entitled to a refund of such fees used for union organizing activitiesDavid H. Scheffer, et al, v The Civil Service Employees Association, Local 828; Civil Service Employees Association; AFSCME, Local 1000, USCA, 2nd Circuit, Docket No...

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