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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

County Executive?s order recognizing same sex marriages held lawful

Posted on January 13, 2009
County Executive?s order recognizing same sex marriages held lawfulGodfrey v Spano, 2008 NY Slip Op 10584, Decided on December 30, 2008, Appellate Division, Second Department Margaret Godfrey asked the court to declare that Westchester County Executive Order No...

Municipality may sue active and passive ?tortfeasors? to recover wages and medical benefits paid injured police officers and firefighters

Posted on January 13, 2009
Municipality may sue active and passive ?tortfeasors? to recover wages and medical benefits paid injured police officers and firefightersTown of Amherst v Mead, et al, 2008 NY Slip Op 10316, Decided on December 31, 2008, Appellate Division, Fourth DepartmentThe Town of Amherst sued commenced Brian Burns Mead and other defendants seeking reimbursement for the wages and medical bills of a police officer employed by the Town pursuant to pursuant to General Municipal Law§207-c(6)...

Cases and items related to equal employment opportunity

Posted on January 12, 2009
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Judicial review of an Article 75 petition to vacate an arbitration award is limited

Posted on January 09, 2009
Judicial review of an Article 75 petition to vacate an arbitration award is limitedMatter of Transport Workers Union, Local 100 v New York City Transit Authority, 2008 NY Slip Op 09807, decided on December 9, 2008, Appellate Division, Second DepartmentAn arbitration award terminated the employment of a Transit Authority worker...

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Effort to vacate default judgment of an arbitration award rejected

Posted on January 09, 2009
Effort to vacate default judgment of an arbitration award rejectedMelnick v Khoroushi, 2008 NY Slip Op 10206, Appellate Division, First DepartmentStuart L. Melnick attempted to vacate a default judgment that had affirmed an arbitration award directing Melnick to refund $12,000 in legal fees to Khoroushi...

Unit member alleges gender discrimination by her union after it declined to file her gender discrimination grievance against her employer

Posted on January 09, 2009
Unit member alleges gender discrimination by her union after it declined to file her gender discrimination grievance against her employerPaula D. Casamento V Massachusetts Bay Transportation Authority; Boston Carmen's Union, Local 589, USCA, First Circuit, No...

Union Member Required To Exhaust Administrative Remedies Before Suing His Union

Posted on January 09, 2009
Union Member Required To Exhaust Administrative Remedies Before Suing His UnionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Hearing officer suggests employee be permitted to retire rather than be terminated

Posted on January 09, 2009
Hearing officer suggests employee be permitted to retire rather than be terminatedFire Dep't v. Maresca, OATH Index No. 2564/08At the disciplinary hearing the firefighter admitted his cocaine use and offered evidence to establish that he suffers from post-traumatic stress disorder...

2009 Supplement to The Discipline Book

Posted on January 08, 2009
The E-book 2009 Supplement to The Discipline Book is now available from BookLocker.Click here to read the Book Review Highlight-2009 Discipline Book Supplement written by Professor Mitchell H. Rubinstein and published in his blog, Adjunct Law Professor...

School Board member may not simultaneously serve as the school district's auditor

Posted on January 08, 2009
School Board member may not simultaneously serve as the school district's auditorSource: Local Government Watch, http://localgovwatch.blogspot.com/search?q=New+York- Reproduced with permission. © Jensen MediaNet 2009. All rights reserved.The state comptroller's office takes issue with some bookkeeping practices at Sackets Harbor (New York) Central School...

Settlement of a lawsuit ?with prejudice? bars a second action based on similar allegations involving the same parties

Posted on January 08, 2009
Settlement of a lawsuit ?with prejudice? bars a second action based on similar allegations involving the same partiesBenjamin v New York City Dept. of Health, 2008 NY Slip Op 10192, Appellate Division, First DepartmentThe Appellate Division dismissed the petition filed by Sislyn Benjamin alleging unlawful discrimination because a prior state court action containing the same claims set out in her petition was discontinued with prejudice by stipulation of the parties and thus constitutes res judicata insofar as a judgment on the merits is concerned...

?Honest suspicion? of fraud justified employers seeking a second opinion from a health care provider

Posted on January 08, 2009
?Honest suspicion? of fraud justified employers seeking a second opinion from a health care providerSource: The FMLA Blog ? http://federalfmla.typepad.com/fmla_blog/ Copyright © 2009. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Pre-employment screening cannot prohibit use of legally prescribed drugs

Posted on January 08, 2009
Pre-employment screening cannot prohibit use of legally prescribed drugsSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

E Legal Center?s Monthly Law Journal, selected summaries

Posted on January 08, 2009
January 2009 issue of AELE Legal Center?s Monthly Law Journal, Fire and Police Personnel Reporter, now onlineSource: http://www.aele.org/law/2008ALL12/LR2008DEC.htmlAmong the 36 different cases summarized in the January 2009 issue is a case concerning the requirements of the ADA with respect to sign language...

Marital privilege against self-incrimination not available in administrative disciplinary actions taken against law enforcement personnel

Posted on January 07, 2009
Marital privilege against self-incrimination not available in administrative disciplinary actions taken against law enforcement personnelRiverside County Sheriff's Department v Astrid Megan Reynolds, Court of Appeal [California], 4th District, Division 2, Docket #E043187 Astrid Megan Reynolds served as a deputy sheriff with the Riverside County [California] Sheriff?s Department...

Retirement System excludes expense allowance payments received pursuant to a collective bargaining agreement in determining the retirement allowance

Posted on January 07, 2009
Retirement System excludes expense allowance payments received pursuant to a collective bargaining agreement in determining the retirement allowanceMatter of Maillard v New York State Teachers' Retirement Sys., 2008 NY Slip Op 10100, Decided on December 24, 2008, Appellate Division, Third Department Glenn Maillard, John Raptis and John Pidgeon retired from their respective administrative positions with the William Floyd Union Free School District [Albany County]...

Penalties imposed by appointing authorities after finding employees guilty of misconduct ?did not shock the judicial conscience?

Posted on January 07, 2009
Penalties imposed by appointing authorities after finding employees guilty of misconduct ?did not shock the judicial conscience?Matter of Cianciulli v Village of Bronxville Bd. of Police Commissioners, 2008 NY Slip Op 09788, decided on December 9, 2008, Appellate Division, Second DepartmentMatter of Lewis v Lipsman, 2008 NY Slip Op 09795, Decided on December 9, 2008, Appellate Division, Second DepartmentThe Cianciulli case:The Village of Bronxville Board of Police Commissioners found Luigi Cianciulli guilty of charges of misconduct -- punching a fellow officer in the face, breaking his nose -- and terminated his employment as a police officer...

Collective bargaining agreement permitted employer to require employees to charge FMLA absences to vacation accruals

Posted on January 07, 2009
Collective bargaining agreement permitted employer to require employees to charge FMLA absences to vacation accrualsMatter of Bridge & Tunnel Officers Benevolent Association v Triborough Bridge & Tunnel Auth., 2008 NY Slip Op 10060, decided on December 23, 2008, Appellate Division, First DepartmentThe collective bargaining permitted the Triborough Bridge and Tunnel Authority to require employees to substitute paid annual leave for FMLA leave (see 29 USC §2612[d])...

Police officer terminated after conducting a secret investigation in violation of a direct order

Posted on January 06, 2009
Police officer terminated after conducting a secret investigation in violation of a direct orderMatter of Longton v Village of Corinth, 2008 NY Slip Op 10090, Decided on December 24, 2008, Appellate Division, Third DepartmentThe Village of Corinth Board of Trustees terminated Jason W...

Court rules that the employer rebutted the employee?s prima facie case it unlawful discriminated against him because of his race

Posted on January 06, 2009
Court rules that the employer rebutted the employee?s prima facie case it unlawful discriminated against him because of his raceDr. Edwin Hasson v Glendale School District, USCA, 3rd Circuit, #07-3249Dr. Edwin Hasson was dismissed from his position as Superintendent of the Glendale [Pennsylvania] School District...

FMLA rights lost when employee failed to fill-out employer?s ?change of address? form

Posted on January 06, 2009
FMLA rights lost when employee failed to fill-out employer?s ?change of address? formSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright © 2009. 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 Litigation...

Beware The Doctrine of Unintended Consequences

Posted on January 05, 2009
Beware The Doctrine of Unintended ConsequencesSource: Report from a contributor submitted anonymouslyThe Doctrine of Unintended Consequences is sometimes used to describe the result where all of the potential impact of actions to be taken by an organization are not recognized in the course of its decision-making exercises...

6th Issues Major Decision Holding CBA Promise of Retiree Lifetime Benefits Is Enforceable And Binding Many Years After Employees Retire

Posted on January 05, 2009
6th Issues Major Decision Holding CBA Promise of Retiree Lifetime Benefits Is Enforceable And Binding Many Years After Employees RetireSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors...

Cases and items related to equal employment opportunity

Posted on January 05, 2009
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2009 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Enjoy the Holidays.Postings will

Posted on December 24, 2008
Enjoy the Holidays.Postings will resume on Monday, January 5, 2009.

Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacher

Posted on December 24, 2008
Commissioner of Education no longer has jurisdiction to determine the merits of disciplinary charges served on a tenured teacherAppeal of Nicola A. DeMarco from action of the New York City Department of Education regarding disciplinary charges, Decisions of the Commissioner of Education, No...

Cases and items related to equal employment opportunity

Posted on December 24, 2008
Cases and items related to equal employment opportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2008 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

Commission?s authority to determine

Posted on December 23, 2008
Commission?s authority to determine applicant?s qualification for appointment not compromised by court?s order directing it to produce certain evidenceMatter of McElligott v Nassau County Civ. Serv. Commn., 2008 NY Slip Op 09797, decided on December 9, 2008, Appellate Division, Second DepartmentThe Nassau County Civil Service Commission disqualified Maurice McElligott for appointment as a police officer on the ground that he did not meet the psychological requirements of the position...

Political activity during working hours not protected by the Labor Law

Posted on December 23, 2008
Political activity during working hours not protected by the Labor LawMcCue v County of Westchester, 2008 NY Slip Op 09966, decided on December 16, 2008, James McCue sued Westchester County seeking damages on the ground that he had been unlawfully terminated from his employment in violation of Labor Law §201-d...

Banning an individual from the appointing authority?s property while disciplinary charges are pending

Posted on December 23, 2008
Banning an individual from the appointing authority?s property while disciplinary charges are pendingAppeal of Anonymous from action of the Board of Education of the Mamaroneck Union Free School District, Decisions of the Commissioner of Education, No...

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