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Layoff, Preferred Lists and Reinstatement

Layoff, Preferred Lists and Reinstatement of public employees in New York State

This 334-page electronic book provides a concise guide to the applicable laws, rules and regulations, together with summaries of selected court and administrative decisions concerning the layoff and reinstatement of employees of New York State and its political subdivisions and school districts.

The material was prepared for use by administrators, union officials and attorneys concerned with layoff, preferred list and reinstatement from a preferred list issues involving individuals employed by New York State and its political subdivisions under the State's Civil Service Law and the Education Law. Below is a listing of some of the topics and issues considered in this e-book.

In his review of Layoff, Preferred Lists and Reinstatement, Professor Mitchell H. Rubinstein, Adjunct Professor of Law, St. Johns Law School and New York Law School, said:

"This book shines as a manual?. It discusses, in case brief form, hundreds ... of New York Civil Service, Education Law, Military Law and Retirement and Social Security Law cases ?.The book often compares decisions under the Civil Service law to decisions under the Education Law which presents attorneys who may be litigating these cases with possible creative arguments?. The book is also very timely given the current economy?. Every lawyer who practices in this area and every administrator and union official involved with layoffs will want to get a copy of this new book."

HOW TO ORDER: The price of this electronic handbook is $65 plus New York State and Local Sales Taxes if yours is not a tax-exempt organization. It is sent as a WORD document attached to an e-mail.

You may order your copy of Layoff, Preferred Lists, and Reinstatement by e-mailing your name, the name of your organization, your mailing address and telephone number, purchase order number [if necessary], confirmation of your tax exempt status [where appropriate], and your e-mail address to:

Among the topics and issues addressed are the following:

Abolishing departments and agencies
Abolishment of positions
Adjusting teaching schedules
Administrative policy
Affirmative action in layoff, employment distinguished
Affirmative action yields to seniority
Age discrimination and layoff
All layoff rights in BOCES takeover situation
Annual appointments
Appointing authority -- individual?s name on the preferred list
Appointment from preferred lists
Arbitrator -- layoff seniority determination
Asserting rights not covered by contract
Board?s decision to abolish teaching position
BOCES layoff policy
Breaking seniority ties
Certification of preferred list for appointment to similar positions
Challenging the abolishment of positions
Challenging the reorganization of an organization
Change from full-time to part-time employment
Collective bargaining agreement - provisional employees Competing union interests
Computation of seniority
Consolidations of the duties of position
Contracting out for services
Correcting an error in a preferred list
Counting substitute service for purposes of seniority
County legislature -- action required before layoffs
Discrimination against nonresident veteran
Court rules - BOCES staff layoff rights
Crediting prior service for seniority
Defining seniority
Demotion as a disciplinary penalty and preferred list
Deputy sheriffs ? layoff rights
Determination of layoff units
Determining of seniority
Different titles - for purposes of layoff
Disability related tardiness
Disciplinary action and layoff
Disciplinary probation
Discipline to proceed regardless of layoffDiscriminatory effect of seniority system
Dismissal of a provisional
Disparate impact
Displacement and layoff
Duty of fair representation
Early retirement incentives
Eligibility - preferred list for appointment to new position
Employees? rights upon the take-over of a BOCES programEmployment of retirees
Enforcing statutory rights
Entitlement to appointment from a preferred list
Extending the probationary period
Family and Medical Leave Act
Fifty percent test
Granting seniority to transferred employee
Guidelines ? adopted by an appointing authority
Internal Revenue Service Ruling 92-69
Lay off - bad faith issues
Lay off - bumping rights
Layoff - determination of seniority
Layoff - reinstatement to similar positions
Layoff and age discrimination
Layoff and displacement
Layoff and reinstatement
Layoff and reinstatement of individuals holding ?parenthetic titles?
Layoff and tenure area
Layoff and the Taylor Law
Layoff extends probationary period
Layoff guides may be changing
Layoff procedure to meet affirmative action
Layoff provisions given literal interpretation
Layoff provisions of the civil service law override contract
Layoff rights
Layoff rules, seniority claims and reemployment roster
Layoff, based on seniority
Layoff, displacement and retreat
Layoffs and preferred lists
Legislative equivalency
Line of promotion
Liquidation of vacation pay upon separation
Litigating the impact of a layoff
Meetings open to the public
Military service - qualifying veteran status
Necessary parties to an appeal must be named and served
Non-resident veterans to get layoff preference benefits
Notice of a layoff
Ordering a hiring freezePart-time employment
Part-time service and seniority
Payment for unused leave credits
Placement on, and appointment from, a preferred list
Positions to be abolished determined by the employer
Power to freeze appoints to vacant positions
Preferred list determination
Preferred list rights
Preferred list - used for appointment to similar positions
Preliminary injunction barring layoff
Probationary employee to be placed on preferred list
Probationer - §3019-a and §3031 notice in layoff situations
Probationer retains bumping rights
Procedures for breaking tenure ties
Reassignment of teachers in layoff situations
Redeployment Lists
Regular substitute - ?seniority credit? for service
Reinstatement of teachers from a preferred list
Reinstatement - similar positions
Reinstatement - Taylor Law rights
Reinstatement following layoff - tenure rights
Reinstatement from preferred list
Release - pre-layoff sex bias claim barred
Removing a teacher from a preferred list
Resignation - seniority claim lost
Resolving conflicts - between the Civil Service Law and a Taylor Law agreement
Retirement incentives
Retroactive seniority as redress
Reverse discrimination
Rules on seniority for layoff
Same layoff grievance complaint, different results
School board action to abolish a position
School district - providing legal counsel in layoff litigation
Seniority - for layoff purposes
Seniority and age discrimination
Seniority by lottery
Seniority credit for substitute service,
Seniority date - layoff
Seniority determinations
Seniority for layoff purposes
Seniority for part-time service
Seniority in a civil division
Seniority in layoffs determinations
Seniority ties
Seniority, layoffs and Title VII
Special layoff units - not authorized
Takeover of BOCES programs
Temporary appointment
Tenure and layoff
Tenure area - precedent over assignment
Tenure areas
Tenure by acquiescence
Tenure issues
Termination benefits
Titles and layoff
Transfer lists - §78, Civil Service Law
Transfer of a program to BOCES
Transfer of benefits
Transfer of employees
Transfer of position from one employer to another employer
Union's standing to sue
Using the preferred list Wrongful discharge

Full post as published by New York Public Personnel Law on May 29, 2009 (boomark / email).