New York Public Personnel Law: Labor & Employment Law

Home -> Law Blog Directory -> Labor & Employment Law Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the action

Posted on February 22, 2010
An individual whose rights could be affected by a decision by the Commissioner of Education must be named as a necessary party to the actionAppeal of Douglas Williams from action of the Board of Education of the North Colonie Central School District, Decisions of the Commissioner of Education, Decision No...

A village board is not bound absent its adoption of a resolution providing for the benefit claimed to have agreed upon orally

Posted on February 22, 2010
A village board is not bound absent its adoption of a resolution providing for the benefit claimed to have agreed upon orallyGarrigan v Incorporated Vil. of Malverne, 59 AD3d 662In April 1957, Garrigan began employment as a Village of Malverne police officer...

Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceeding

Posted on February 22, 2010
Failure to appeal an administrative law judges ruling precludes the reopening of the issue in a subsequent proceedingMatter of Cipriano v Onondaga County Corrections, 60 AD3d 1120Onondaga County Assistant Corrections Commissioner Peter A. Cipriano suffered a heart attack and underwent coronary bypass surgery...

Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment plan

Posted on February 22, 2010
Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment planDutchess United Educators and Dutchess Community College - PERB determinations U-27107, U-27371The Public Employment Relations Board affirmed the decision of an ALJ dismissing two charges filed by the Dutchess United Educators...

To access this complete feed in the blog feed reader login or register for free.

Using a CBA provision allowing an arbitrator to impose a different penalty than is otherwise mandated by the CBA is for the arbitrator to decide

Posted on February 19, 2010
Using a CBA provision allowing an arbitrator to impose a different penalty than is otherwise mandated by the CBA is for the arbitrator to decideMatter of New York City Tr. Auth. v Transport Workers Union of Am., Local 100, 2010 NY Slip Op 01378, decided on February 18, 2010, Court of AppealsThe New York City Transit Authority (TA) alleged that one of its Conductors assaulted a member of the public on a subway platform and filed disciplinary charges seeking the termination of the employee...

GML �207-c proposal ruled a non-mandatorily subject of collective bargaining, as it did not permit employer to make the initial benefit determination

Posted on February 19, 2010
GML �207-c proposal ruled a non-mandatorily subject of collective bargaining, as it did not permit employer to make the initial benefit determinationPort Washington Police District and Port Washington Police Benevolent Association, IncDecisions of PERB Administrative Law Judge Case No...

A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agents

Posted on February 19, 2010
A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agentsAlvarado v City of New York, 60 AD3d 427Lenora Alva alleged that while acting as an interpreter for the New York City Police Department during the course of an investigation into a complaint of domestic violence, she was assaulted by a knife-wielding individual who was involved in a dispute with his girlfriend...

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor

Posted on February 19, 2010
Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisorMatter of Rey-Calderon v Commissioner of Labor, 60 AD3d 1124Wanda Rey-Calderon, a school bus dispatcher, for the employer reported late to work and her supervisor gave her a verbal warning and a written acknowledgment of the verbal warning for her to sign...

The ?notice of claim? required Education Law � 3813[1] must be more than an e-mail or an unverified [not sworn to] statement

Posted on February 19, 2010
The ?notice of claim? required Education Law � 3813[1] must be more than an e-mail or an unverified [not sworn to] statementGastman v Department of Educ. of City of New York, 60 AD3d 444According to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law �3813[1]...

Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug test

Posted on February 19, 2010
Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug testDepartment of Sanitation and Henry Morrison, OATH Index No. 894/09OATH Administrative Law Judge Kara Miller recommended termination for a sanitation worker, Henry Morrison, after finding that he was guilty of failing to be at home after reporting sick on two occasions and also failing to report for a random drug test...

Employee charged with misconduct alleged to have hired professional actors to testify on his behalf during a formal disciplinary hearing

Posted on February 18, 2010
Employee charged with misconduct alleged to have hired professional actors to testify on his behalf during a formal disciplinary hearingSource: Press Release ? Office of the Attorney General, February 16, 2010Cautioning that criminal charges now pending against William Fals-Stewart are merely accusations and that "he is presumed innocent until and unless proven guilty," Attorney General Andrew Cuomo announced that Fals-Stewart, a former SUNY at Buffalo researcher, hired actors to testify on his behalf during a disciplinary hearing...

Federal assistance for the continuation of employer-provided health insurance under COBRA in the event of a layoff extended

Posted on February 18, 2010
Federal assistance for the continuation of employer-provided health insurance under COBRA in the event of a layoff extendedSource: Employee Benefits Security AdministrationIf an individual or a family member has lost employment, the American Recovery and Reinvestment Act of 2009 (ARRA) may make it possible for the individual or family member to keep employment-related health coverage by providing financial assistance to eligible individuals...

Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of malice

Posted on February 18, 2010
Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of maliceBayer v City of New York, 60 AD3d 713Hank Bayer, who was employed as a plumber by the New York City Department of Education, sued the City, the Department of Education and his supervisor, Nunzio Piro, alleging, that Piro defamed him and repeatedly accused him of misconduct and insubordination...

An individual may not withdraw or rescind his or her resignation without the consent of the appointing authority

Posted on February 18, 2010
An individual may not withdraw or rescind his or her resignation without the consent of the appointing authorityMatter of Lewis v State Univ. of N.Y. Downstate Med. Ctr., 60 AD3d 765State University Police Officer Robert Lewis submitted his written resignation from his position at the State University of New York Downstate Medical Center [DMC]...

Employee charged with misuse of employer?s e-mail for ?union election activities?

Posted on February 18, 2010
Employee charged with misuse of employer?s e-mail for ?union election activities?Department of Environmental Protection v Donas, OATH Index No. 781/09The Department of Environmental Protection filed disciplinary charges pursuant to Section 75 of the Civil Service Law and proved that the employee improperly used his work e-mail account for union activities...

Employee dismissed after being found guilty of 14 of 16 allegations of misconduct by the Civil Service Law Section 75 hearing officer

Posted on February 18, 2010
Employee dismissed after being found guilty of 14 of 16 allegations of misconduct by the Civil Service Law Section 75 hearing officerMatter of Roth v Manhasset Union Free School Dist., 60 AD3d 771Jeffrey S. Roth, an audio-visual technician employed by Manhasset Union Free School District, was served with disciplinary charges alleging that he was guilty of 16 acts of misconduct...

A board of education may require any school district or BOCES employee to submit to a medical examination to determine his or her fitness for duty

Posted on February 18, 2010
A board of education may require any school district or BOCES employee to submit to a medical examination to determine his or her fitness for dutyAppeal of D.R. from action of the Board of Education of the South Orangetown Central School District regarding a personnel matter...

Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor Law

Posted on February 18, 2010
Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor LawNew York State Correctional Officers and Police Benevolent Association, Inc. and State Of New York (Division Of Parole) PERB Decision U-26734The Public Employment Relations Board affirmed, in part, and reversed, in part, a decision of an Administrative Law Judge with respect to an improper practice charge alleging that an employer violated ��209-a...

Distinguishing between an individual?s ?domicile? and his or her ?residence? for the purpose of meeting a ?residence requirement? for employment

Posted on February 17, 2010
Distinguishing between an individual?s ?domicile? and his or her ?residence? for the purpose of meeting a ?residence requirement? for employmentMatter of Ball v City of Syracuse, 2010 NY Slip Op 01037, decided on February 11, 2010, Appellate Division, Third DepartmentThe Syracuse City Charter provides that employees "shall be at the time of their appointment and continue to be during their continuance in the employment of the city, residents of the city of Syracuse except as otherwise provided by law,* local law or ordinance of the council" (Syracuse City Charter � 8-112 [2])...

Minnesota's ultra vires decision

Posted on February 17, 2010
Minnesota's ultra vires decisionSource: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/When Judge E.L. Lippman describes "The Land Use Case that Every Minnesota Rule Writer Should Read" on his Within the Scope blog, I have to disagree...

A school board may permit public input at a board meeting but there is no statutory mandate requiring that it do so

Posted on February 17, 2010
A school board may permit public input at a board meeting but there is no statutory mandate requiring that it do soAppeal of Robert Kushner from action of the Board of Education of the East Williston Union Free School District, Decisions of the Commissioner of Education, Decision No...

Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuit

Posted on February 17, 2010
Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuitMatter of Cummings v Board of Education of Sharon Springs Cent. School District, 60 AD3d 1138Ginger Cummings was terminated from her position as a school bus driver with the Sharon Springs Central School District because ?while off duty, she purportedly created and transmitted a false e-mail document? to the District...

Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary action

Posted on February 17, 2010
Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary actionNYC Department of Sanitation against Christopher Burgos, OATH Index No. 1557/09New York City Office Of Administrative Trials And Hearings Administrative Law Judge Julio Rodriguez found that the NYC Department of Sanitation failed to prove that a Department supervisor engaged in misconduct by acting irrationally and refusing to answer his supervisors' questions regarding his duties...

When is a faculty member employed?

Posted on February 17, 2010
When is a faculty member employed?Aljandari v Buffalo Bd. of Education, 245 A.D.2d 647, Motion for leave to appeal denied, 93 N.Y.2d 815, decided with Smith v Buffalo Board of Education.In the Aljandari case the Appellate Division sustained a determination by the Unemployment Insurance Appeals Board that Aljandari and other "totally unemployed" teachers were entitled to unemployment insurance benefits during the school's summer recess...

Union?s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actions

Posted on February 17, 2010
Union?s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actionsMatter of Pfau v Public Empl. Relations Bd., 24 Misc 3d 260Ann Pfau, as Chief Administrative Judge of the Courts of the Unified Court System of the State of New York (UCS), appealed the New York State Public Employment Relations determination the UCS was guilty of improper practice within the meaning of the Taylor Law as the result of UCS?s refusal to provide certain documents a union demanded in connection with disciplinary action being taken against an employee...

School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removal

Posted on February 17, 2010
School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removalApplication of Frank W. Kolbmann for the removal of Garry F. Stone as superintendent of schools of the Holland Central School District, Decision No...

Perjury while testifying during a �3020-a disciplinary hearing results in court vacating the underlying arbitration award

Posted on February 16, 2010
Perjury while testifying during a �3020-a disciplinary hearing results in court vacating the underlying arbitration awardPhelps-Clifton Springs CSD v Nicot, Supreme Court, Ontario County, Index #103465, Justice Frederick G. Reed, February 8, 2010In May 2007, the Phelps-Clifton Springs Central School District filed a number of disciplinary charges pursuant to Education Law �3020-a against Michael Nicot...

Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to Sergeant

Posted on February 16, 2010
Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to SergeantMatter of Revella v Felton, 60 AD3d 1184Christine A. Revella, a zone sergeant with the Division of State Police, was served with a notice of discipline alleging three violations of the Division's regulations as the result of an incident involving her off-duty pursuit of another vehicle for reckless driving...

Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to union

Posted on February 16, 2010
Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to unionLevi Mcintyre And Middle Island Administrators Association, PERB U-27349The Public Employment Relations Board affirmed the decision of its ALJ that dismissed as untimely, a duty of fair representation charge filed by Levi McIntyre...

Employee serving a disciplinary probationary period terminated after violation of the terms of a disciplinary settlement

Posted on February 16, 2010
Employee serving a disciplinary probationary period terminated after violation of the terms of a disciplinary settlementMatter of Outley v Upstate Med. Univ., 60 AD3d 1398Joanne Outley, an employee at SUNY?s Upstate Medical Center, was served with disciplinary charges alleging that she was guilty of excessive absences and disciplinary notifications UMC and Outley entered into a disciplinary settlement agreement that placed her on probation for a specified period of time and bar her taking any unauthorized absences...

Previous | Next

Related Law Bulletins

Claim for Concealment of Value of Marital Assets Dismissed in New York
Once a divorce case is settled, parties often experience “buyer�...

Pre-Nuptial Agreements: New York Tolls the Statute of Limitations
The New York legislature has passed a law that clears up what had ...

Medical Malpractice - Why Is Your New York Doctor Afraid To Treat You?
I was in the emergency room with my son one evening, and the emerg...

Another Fatal Accident on the New York Bronx River Parkway
November 2007 has been a treacherous month on the Bronx River Park...

New York City Car Crash Kills Woman Who Survived 9/11
Florence Cioffi, a woman who survived 9/11 and was just days from ...