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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

Postings will resume on Monday,

Posted on November 25, 2010
Postings will resume on Monday, November 29, 2010.

Video evidence exonerates security officers charged with using excessive force

Posted on November 24, 2010
Video evidence exonerates security officers charged with using excessive forceHealth & Hospitals Corp. (Lincoln Medical & Mental Health Ctr.) v Charles and Ross, OATH Index Nos. 2802/10 & 2803/10The NYC Health and Hospital Corporation filed disciplinary charges alleging that two Lincoln Medical Center hospital special officers, Morris Charles and Christopher Ross, used excessive force against a hospital visitor when they escorted him outside...

Repeated acts of insubordination, excessive absences and untimely completion of assigned tasks warrants termination of the employee

Posted on November 24, 2010
Repeated acts of insubordination, excessive absences and untimely completion of assigned tasks warrants termination of the employeeMatter of Gibbons v New York State Unified Ct. Sys., Off. of Ct. Admin., 2010 NY Slip Op 08571, Decided on November 16, 2010, Appellate Division, Second DepartmentGrace Gibbons, a court reporter in the District Court, Nassau County, for 22 years, was served with disciplinary charges...

Errors in processing a disciplinary action results in annulment of determination

Posted on November 24, 2010
Errors in processing a disciplinary action results in annulment of determinationCollins v Parishville-Hopkinton CSD, 256 AD2d 700The Collins case demonstrates that even what one might assume is an ?open and shut? disciplinary case can go awry.It was undisputed that Ann Collins, a full-time bus driver employed by the Parishville-Hopkinton Central School District, brought a 12-pack of beer with her to the district?s bus garage and that she drank some of the beer while waiting to be taken to a bus drivers training workshop...

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Jurisdiction of the Commissioner of Education to consider Taylor Law and Open Meetings Law issues

Posted on November 24, 2010
Jurisdiction of the Commissioner of Education to consider Taylor Law and Open Meetings Law issuesMatter of Goldin and the Wappingers Falls CSD, Decisions of the Commissioner of Education, 14043This decision by the Commissioner of Education points out he does not have jurisdiction to resolve a dispute merely because the issue involves a school district...

Claim of mistake does not permit a party to rescind provisions set out in collective bargaining agreement

Posted on November 24, 2010
Claim of mistake does not permit a party to rescind provisions set out in collective bargaining agreementPlattsburgh v Plattsburgh Police Officers Union, 250 AD2d 327, motion to appeal denied, 93 NY2d 807Disabled firefighters and disabled police officers are entitled to significantly different benefits under New York?s General Municipal Law, Sections 207-a (firefighters) and 207-c (police officers)...

Proposed amendment of 4 NYCRR 73.2 addresses the disqualification of individuals from participating in the New York State Health Insurance Plan

Posted on November 24, 2010
Proposed amendment of 4 NYCRR 73.2 addresses the disqualification of individuals from participating in the New York State Health Insurance Plan Source: NYS Register, November 24, 2010The New York State Department of Civil Service has proposed amending 4 NYCRR 73...

Separate layoff units for NYS Department of Environmental Conservation law enforcement personnel proposed

Posted on November 24, 2010
Separate layoff units for NYS Department of Environmental Conservation law enforcement personnel proposedSource: NYS Register, November 24, 2010The amendment, if adopted would ?designate the Agency Law Enforcement Services negotiating unit as a separate layoff unit with Dept...

Employee fined for using employer?s equipment for personal business

Posted on November 23, 2010
Employee fined for using employer?s equipment for personal businessConflicts of Interest Board v Raymond McNeil, OATH Index #09-307OATH Administrative Law Judge Faye Lewis found that former New York City procurement analyst Raymond McNeil had used his City computer and his City e-mail account for a non-City purpose ? engaging in his personal business -- during normal working hours...

Notice requirements for filing an complaint with PERB alleging an improper practice

Posted on November 23, 2010
Notice requirements for filing an complaint with PERB alleging an improper practiceUnion Endicott CSD v PERB, 250 AD2d 82, motion to appeal denied, 93 NY2d 805In the Union Endicott decision the Appellate Division, Third Department, affirmed its position that a union?s failure to file a timely notice of claim with a school district as mandated by Section 3813(1) of the Education Law prevents it from prosecuting improper practice charges filed against the district with PERB...

Probation and layoff rights of

Posted on November 23, 2010
Probation and layoff rights of an educator being employed by a school district following a take-back BOCES programDecisions of the Commissioner of Education 13964As a result of a ?take-back? of programs by component school districts of Rensselaer-Columbia-Greene BOCES, Ellen Chernoff was excessed...

Representation and indemnification of public officers and employees sued for acts or omissions related to the performance of official duties

Posted on November 23, 2010
Representation and indemnification of public officers and employees sued for acts or omissions related to the performance of official dutiesWalsh v County of Saratoga, 256 AD2d 953 [decided with Mason v County of Saratoga]In this ?tax sale? lawsuit, the Saratoga County Treasurer, George Gasser, said that his official position in the matter and that of the Board of Supervisors were incongruous...

The interpretation of a ?management right?s clause? in a collective bargaining agreement is for the arbitrator rather than PERB to resolve

Posted on November 23, 2010
The interpretation of a ?management right?s clause? in a collective bargaining agreement is for the arbitrator rather than PERB to resolveRoma v Ruffo, Court of Appeals, 92 NY2d 489The collective bargaining agreement between the Susquehanna Valley Central School District and CSEA Local 1000 provided that school matrons would normally work an eight-hour day/40-hour work week and that the district would negotiate any changes in the matron?s working conditions with Local 1000...

Individual dismissed employee pursuant to Civil Service Law �71 may apply for reinstatement within one year of the termination of the disability

Posted on November 23, 2010
Individual dismissed employee pursuant to Civil Service Law �71 may apply for reinstatement within one year of the termination of the disabilityStroh v Harrison School District, NYS Sup. Ct., [Not selected for publication in the Official Reports]The Stroh case illustrates some of the elements an employer should consider in the event an individual is disabled as the result of a work-connected injury or disease for the purposes of Section 71 of the Civil Service Law...

Facing the Legal Dangers of Social Media ? a Complimentary Webinar

Posted on November 23, 2010
Facing the Legal Dangers of Social Media ? a Complimentary WebinarSource: The Virtual LegalTech TeamThe Virtual LegalTech Team has announced that a one-hour webinar entitled, "Facing the Legal Dangers of Social Media," will take place in the Virtual Auditorium at Virtual LegalTech on December 14, 2010 from 10:00 ? 11:00 AM EST...

Hearing officer recommends termination of employee unwilling to follow instructions

Posted on November 22, 2010
Hearing officer recommends termination of employee unwilling to follow instructionsDept. of Housing Preservation and Development v Hand, OATH Index #2594/10OATH Administrative Law Judge Kara Miller decided that a clerical employee's persistent unwillingness to properly process tenant appointments warranted termination...

A party seeking to vacate an arbitration award must prove one or more of the limited reasons for vacating the award set out in Article 75

Posted on November 22, 2010
A party seeking to vacate an arbitration award must prove one or more of the limited reasons for vacating the award set out in Article 75Matter of Smith v New York City Dept. of Educ., 2010 NY Slip Op 51989(U), Decided on November 8, 2010, Supreme Court, New York County, Judge Barbara Jaffe, [Not selected for publication in the Official Reports]Theodore Smith, a tenured physical education teacher at the New York City Department of Education?s Museum School, was served with 23 charges Education Law 3020-a...

Statute of limitations for filing Section 75 disciplinary charges

Posted on November 22, 2010
Statute of limitations for filing Section 75 disciplinary chargesWade v Ticonderoga Town Board, 256 AD2d 860, motion for leave to appeal denied, 93 NY2d 804Section 75 disciplinary charges were brought against John K. Wade, then serving as the Town of Ticonderoga?s chief of police...

Employee charged with ?computer trespass? for allegedly tampering with department?s computer records

Posted on November 22, 2010
Employee charged with ?computer trespass? for allegedly tampering with department?s computer recordsSaunders v Washington County, 255 AD2d 788After announcing that she was resigning her from position as payroll clerk with the Washington County Sheriff?s Department, Mary Lou Saunders told a co-worker, Joanne Murone, she had deleted a budget report from the computer and planned on deleting other files...

Employee denied unemployment insurance benefits following termination after threatening her supervisor

Posted on November 22, 2010
Employee denied unemployment insurance benefits following termination after threatening her supervisorTracy v Comm. of Labor, App. Div., 256 AD2d 800In this age of voice mail and e-mail, it is relatively easy for an unhappy employee to leave a message for a supervisor and avoid a direct confrontation...

Payments for superintendent?s doctorate studies by school district found lawful

Posted on November 22, 2010
Payments for superintendent?s doctorate studies by school district found lawfulDecisions of the Commissioner of Education, 14032Taxpayer David Shufelt complained that the Board of Education of Webutuck Central School District in Dutchess County ?authorized payments to district employees without formal resolution or public vote...

Individuals identified as ?unknown petitioners? may not be named as plaintiffs in an Article 78 proceeding

Posted on November 19, 2010
Individuals identified as ?unknown petitioners? may not be named as plaintiffs in an Article 78 proceedingMatter of Westchester County Correction Officers Benevolent Assn. Inc. v County of Westchester, 29 Misc.3d 1219(A)One of the issues in this CPLR Article 78 action was the ?Naming of Unknown Petitioners? as plaintiffs by the Westchester County Correction Officers Benevolent Association...

Employee terminated after being found guilty of falsifying his time records

Posted on November 19, 2010
Employee terminated after being found guilty of falsifying his time recordsIn the Application of Rodriguez, 258 AD2d 419The Housing Authority terminated John Rodriguez after a disciplinary hearing officer found him guilty of claiming and obtaining overtime pay through the filing of false or misleading overtime records, including overtime pay for time spent commuting...

Tests applied by courts considering vacating an arbitration award

Posted on November 19, 2010
Tests applied by courts considering vacating an arbitration awardRecore v Chateaugay CSD, 256 AD2d 801, motion for leave to appeal dismissed, 93 NY2d 957In Recore v Chateaugay Central School District, the Chateaugay district asked to have an arbitrator?s award vacated...

Automatic termination from public office by operation of law

Posted on November 19, 2010
Automatic termination from public office by operation of lawSchirmer v Town of Harrison, USDC, SDNY, 1999 WL 61843Foley v Bratton, Court of Appeals, 92 NY2d 781 [Decided with Griffin v Bratton]Police officers are public officers and as such a subject to the provisions of Section 30...

Denying unemployment insurance benefits based on a finding the individual left work without good cause

Posted on November 19, 2010
Denying unemployment insurance benefits based on a finding the individual left work without good causeWilliams v NYC General Services, App. Div., 256 AD2d 792Rodriguez v Commissioner of Labor, App. Div., 256 AD2d 768One basis for denying an individual unemployment insurance benefits is a finding that the applicant left his or her employment ?without good cause...

Barring an individual from a PERB proceeding

Posted on November 19, 2010
Barring an individual from a PERB proceedingAdvisory Opinion of Counsel, 32 PERB 5001*PERB?s counsel was asked if PERB or its administrative law judges ?have the power? to issue an order disqualifying an attorney from representing a party based on a ?potential substantive violation of the Code of Professional Responsibility?...

Goggle Blogger Reading List

Posted on November 19, 2010
Goggle Blogger Reading ListSource: GoogleWith the Blogger "Reading List" you can read all of the latest posts from your favorite blogs. The "Blogger Reading List" you create enables you to subscribe to any blog with a feed* and will update instantly each time a new post is published on any blog listed on your "Blogger Reading List...

Employee organization may not rely of a FOIL request to obtain the names of charter school employees

Posted on November 19, 2010
Employee organization may not rely of a FOIL request to obtain the names of charter school employeesMatter of New York State United Teachers v Brighter Choice Charter School, 2010 NY Slip Op 08383, Decided on November 18, 2010, Court of AppealsThe New York State United Teachers (NYSUT) filed a Freedom of Information Law (FOIL) request with six Charter Schools* seeking, among other things, payroll records showing the full names, titles, corresponding salaries, and home addresses of all persons employed as teachers, instructors and faculty...

Circuit Court of Appeals rules that hearsay testimony is admissible to support the issuance of a preliminary injunction

Posted on November 18, 2010
Circuit Court of Appeals rules that hearsay testimony is admissible to support the issuance of a preliminary injunctionMullins v. City of New York, USCA, 2nd Circuit, 08-1839-cv, Decided November 11, 2010The Circuit Court of Appeals affirmed a District Court ruling enjoining the City of New York and the New York City Police Department from investigating and disciplining a New York City police officer based upon testimony or participation in a pending lawsuit, concluding that hearsay testimony is admissible to support the issuance of a preliminary injunction, and the district court did not abuse its discretion in granting preliminary injunctive relief based in part on such evidence...

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