Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Labor & Employment Law
: New York Public Personnel LawUnilateral creation of a new shift for certain employees in the bargaining unit
United Public Service Employees Union And County Of Columbia, Decisions of the Board, PERB U-26761
The Board affirmed a decision of an ALJ rejecting an employer's duty satisfaction and waiver defenses to a charge alleging a violation of §209-a.1(d) of the Act after the employer created a new shift for certain employees in the bargaining unit.
The Board reaffirmed that in determining whether an agreement contains a provision satisfying the duty to negotiate or constituting a waiver of the right to negotiate, the Board will apply standard principles of contract interpretation.
In this instance the Board concluded that the contract language relied upon by the employer was not reasonably clear based upon inconsistent, if not contradictory, terms and phrases utilized by the parties in two relevant articles of the agreement.Finally, the Board rejected the employer's waiver argument finding that language cited by the employer did not constitute a clear, unmistakable and unambiguous waiver of the right to negotiate the creation of a new shift.
Full post as published by New York Public Personnel Law on February 26, 2010 (boomark / email).
Employee Lawsuits: Negligent Hiring and Retention
Employers must check references, criminal records, other background material.
Westinghouse
alleging that former Westinghouse employees are being deprived of a choice in health care prescription plan benefits that were formerly available to them through union bargaining.
Overtime for Programmers
alleging that some companies try to avoid paying employees overtime by categorizing them as "salaried" employees.
Arrow Trucking Hit with Federal Lawsuit by Employees
Arrow Trucking Hit with Federal Lawsuit by Employees
Female Employees Sue Goldman Sachs for Sex Discrimination
Female Employees Sue Goldman Sachs for Sex Discrimination
Dollar Tree Stores Hourly Employees Bring Class Action
Dollar Tree Stores Hourly Employees Bring Class Action
Wal-Mart
Must Pay $6.5 Million to Employees

Dealing Directly with Employees During Bargaining and Final Offer Votes
5thCir: Employer must bargain over effects of layoffs of unit employees following Hurricane Rita
Employer Commits ULP By Unilaterally Requiring Employees To Have Drivers License
New York Enacts Permanent Agency Fee Legislation
Undocument Aliens Protected Under The NLRA









