New York Public Personnel Law: Labor & Employment Law

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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.

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Last Entry: November 05, 2020 at 10:02:02

Pre-determination hearings not required unless a deprivation of a property or liberty interest is threatened

Posted on August 20, 2010
Pre-determination hearings not required unless a deprivation of a property or liberty interest is threatenedTaylor v NYS Dept. of Correctional Services, 248 A.D.2d 799A psychologist advised a correctional facility?s superintendent that State Corrections Officer Mark Taylor ?was dangerous and may lose impulse control at any time...

Selected items by law firms recently posted on the Internet

Posted on August 19, 2010
Selected items by law firms recently posted on the InternetSource: Lexology in cooperation with the Association of Corporate Counsel[Click on caption to access item posted on the Internet]Court, not arbitrator, decides contract formation question in the arbitration contextKelley Drye & Warren LLPAlfred Janiga has lived and worked in the United States for over 20 years since his arrival from Poland...

School board meetings are open to the public

Posted on August 19, 2010
School board meetings are open to the publicGoetschius v Greenburgh 11 UFSD, 244 A.D.2d 552The school board of the Greenburgh 11 Union Free School District barred some of its educators from attending a board meeting at which it planned to consider the termination of certain teachers...

The statute of limitations for litigating an alleged breach of a collective bargaining agreement is six years

Posted on August 19, 2010
The statute of limitations for litigating an alleged breach of a collective bargaining agreement is six yearsLagreca v City of Niagara Falls, 244 AD2d 862, leave to appeal denied, 91 NY2d 813.The Lagreca decision points out that a law suit for an alleged breach of a collective bargaining agreement must be brought within six years of the act or omission claimed to constitute the breach...

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Union security

Posted on August 19, 2010
Union securityLocal 1095, AFSCME and Erie Community College, 30 PERB 4707How much does it take to show that negotiating unit employees did not have ?work exclusivity? with respect to a particular work site? If there is a history of work assignments being frequently switched between unit members and non-unit workers, the work is non-exclusive according to a PERB Administrative Law Judge...

Correction officer charged with disobeying an order to take a post assignment

Posted on August 19, 2010
Correction officer charged with disobeying an order to take a post assignmentNYC Department of Corrections v Callabrass, OATH Index #1981/10Regina Callabrass, a New York City correction officer, was served with a number of disciplinary charges alleging, among other things, that she was guilty of disobeying an order to take a post assignment...

Failure to exhaust available administrative remedies fatal to seeking court review

Posted on August 18, 2010
Failure to exhaust available administrative remedies fatal to seeking court reviewWhite v Pozzi, 72 AD3d 1106*Employee?s failure to exhaust his administrative remedies coupled with his failure to demonstrate an exception to the exhaustion requirement applied in his case requires the denial of his petition seeking judicial review of the disciplinary determination...

Disciplinary suspension without pay

Posted on August 18, 2010
Disciplinary suspension without payEmpire Hook & Ladder Co. #1 v Nyack FD, [Not selected for publication in the Official Reports]It is not at all unusual for an employee to challenge his or her disciplinary suspension by filing an Article 78 petition with a court...

Employer?s good faith suspicion of employee?s stealing defeats FMLA claim

Posted on August 17, 2010
Employer?s good faith suspicion of employee?s stealing defeats FMLA claimSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright � 2010. 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...

Alleged violations of a "Memorandum of Understanding" to a Taylor Law agreement may not be subject to contract grievance procedures

Posted on August 17, 2010
Alleged violations of a "Memorandum of Understanding" to a Taylor Law agreement may not be subject to contract grievance proceduresPine Plains CSD v Federation of Teachers, 248 A.D.2d 612It is not unusual for parties to a collective bargaining agreement to agree to provisions set out in a ?supplemental agreement? or to sign a ?memorandum of understanding? in the course of collective bargaining pursuant to the Taylor Law...

Delay in issuing arbitration decision did not constitute misconduct by the arbitrator within the meaning of Article 75 of the CPLR

Posted on August 17, 2010
Delay in issuing arbitration decision did not constitute misconduct by the arbitrator within the meaning of Article 75 of the CPLRSquillini v State of New York, App. Div., 248 A.D.2d 391Michael A. Squillini, a maintenance supervisor, was served with disciplinary charges alleging ?theft and deceit...

State auditors find former Sodus Town Clerk embezzled town funds

Posted on August 16, 2010
State auditors find former Sodus Town Clerk embezzled town fundsSource: Office of the State ComptrollerAn audit report released on August 10, 2010 by New York State Comptroller Thomas P. DiNapoli indicates that a former Sodus town clerk embezzled approximately $50,000 during the period January 1, 2008 to September 28, 2009...

Failing to investigate without more is not an adverse employment action

Posted on August 16, 2010
Failing to investigate without more is not an adverse employment actionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Claiming unemployment insurance benefits during the school's summer recess

Posted on August 16, 2010
Claiming unemployment insurance benefits during the school's summer recessHuff v Sweeney, 222 A.D.2d 919Teacher?s aides who are provided with a reasonable assurance of reemployment following a summer recess are ineligible for unemployment insurance benefits during the recess period...

County department?s refusal to implement County's grievance committee?s determination held contrary to the CBA's grievance

Posted on August 16, 2010
County department?s refusal to implement County's grievance committee?s determination held contrary to the CBA's grievance procedureVaillancourt v Putnam County, 250 A.D.2d 617Grievance procedures typically provide for a series of steps ultimately leading to arbitration...

New York Department of Correctional Services announces examination for Correction Officer

Posted on August 16, 2010
New York Department of Correctional Services announces examination for Correction OfficerSource: New York Department of Correctional Services - [Published by NYPPL as a public service].A statewide competitive Civil Service exam for the position of correction officer trainee will be held on October 16, 2010...

Appointing an individual to serve as an election commissioner

Posted on August 13, 2010
Appointing an individual to serve as an election commissionerWood v County of Cortland, 72 AD3d 1447*County Legislature has the authority to appoint an Election Commissioner where the mechanism for making such an appointment set out in Election Law � 3-204 did not result in an appointment...

Freedom of information requests related to disciplinary actions

Posted on August 13, 2010
Freedom of information requests related to disciplinary actionsWestern Suffolk BOCES v Bay Shore UFSD, 250 A.D.2d 772After the Bay Shore Union Free School District refused to honor Western Suffolk BOCES? Freedom of Information [Section 87, Public Officers Law] request for the employment history of a teacher, BOCES won an order in State Supreme Court directing the District to provide it with certain documents, including some, but not all, material demanded by BOCES...

Amending local civil service commission rules

Posted on August 12, 2010
Amending local civil service commission rulesFormal Opinion of the Attorney General, 98-F3The New York City Council ?jurisdictionally reclassified? a number of city positions without first holding a public hearing concerning the change. New York City?s Director of Personnel advised the State Civil Service Commission that under the circumstances he believed that the State Commission had ?no authority to disapprove the proposed changes and should simply note them in its records...

A disciplinary hearing determination cannot be annulled by the court if the record supports the determination

Posted on August 12, 2010
A disciplinary hearing determination cannot be annulled by the court if the record supports the determinationMarden v Town of Bedford, 249 A.D.2d 547The Town of Bedford Supervisor asked the Town?s Chief of Police, David M. Marden, to provide him with a copy of a report concerning alleged police misconduct...

Stipends that are not found to be ?regular salary? or ?summer session salary? excluded in determining educator?s final average salary

Posted on August 12, 2010
Stipends that are not found to be ?regular salary? or ?summer session salary? excluded in determining educator?s final average salary O'Brien v New York State Teachers' Retirement System, 2010 NY Slip Op 51398(U), Decided on August 4, 2010, Supreme Court, Albany County, Judge Henry F...

Public employees personal E-mails exempt from disclosure from FOIL

Posted on August 11, 2010
Public employees personal E-mails exempt from disclosure from FOILSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Confidentiality of police records

Posted on August 11, 2010
Confidentiality of police recordsBaez v City of New York, NYS Supreme Court, [Not selected for publication in the Official Reports]A number of law enforcement agencies have procedures similar to those of the New York City Police Department Patrol Guide Section 118-9, which compels an officer to participate in an interview process coupled with the promise that the statement provided by the officer will not be used against him or her in any criminal proceeding...

PERB may elect to defer its consideration of unfair labor practice charge

Posted on August 11, 2010
PERB may elect to defer its consideration of unfair labor practice chargePBA and Village of Ossining, 30 PERB 4711PERB sometimes elects to defer considering unfair labor practice charges filed by an individual or an organization. It typically does so when there is some other procedure available that could address and resolve the issues that motivated the filing of the charge in the first instance...

Final regulations for filing Form I-9, Employment Eligibility Verification to become effective August 23, 2010

Posted on August 10, 2010
Final regulations for filing Form I-9, Employment Eligibility Verification to become effective August 23, 2010 Source: 75 Federal Register 42575Section 274A of the Immigration and Nationality Act, as amended (INA), see 8 U.S.C. 1324a, requires all U...

U.S. Department of Labor expands definition of ?son? or ?daughter? for FMLA purposes

Posted on August 10, 2010
U.S. Department of Labor expands definition of ?son? or ?daughter? for FMLA purposesSource: Roetzel & Andress , Douglas M. Kennedy, Esq.[http://www.ralaw.com/about.cfm?sp=overview ]An Administrator's Interpretation Letter on June 22, 2010 from the Department of Labor has clarified the definition of son or daughter as it applies to an employee taking FMLA leave to care for a newborn, newly placed or sick child...

Security records were properly admitted into evidence by disciplinary hearing officer

Posted on August 10, 2010
Security records were properly admitted into evidence by disciplinary hearing officerPeil v Beirne, 72 AD3d 1095*In this appeal the Appellate Division held:1. Security records were properly admitted into evidence by disciplinary hearing officer.2. The existence of another, alternative rational conclusion does not warrant annulment of the appointing authority?s conclusion that Peil was guilty of the charges preferred against him, citing Incorporated Vill...

The status of the individual performing services for a public employer may be critical in determining liability

Posted on August 10, 2010
The status of the individual performing services for a public employer may be critical in determining liabilityCzark v Hauppauge UFSD, NYS Supreme Court, [Not selected for publication in the Official Reports]The Czark case illustrates that the status of the individual performing services for a public employer may be critical in determining whether or not the public employer will be held liable for an injury to an individual...

In a law enforcement environment, safety interests trump sincere religious beliefs

Posted on August 09, 2010
In a law enforcement environment, safety interests trump sincere religious beliefsEqual Employment Opportunity Commission v The GEO Group, Inc., USCA 3rd Circuit, No. 09-3093GEO, a private company, contracted to run the George W. Hill Correctional Facility, the prison for Delaware County, Pennsylvania...

Determining the disciplinary penalty to be imposed following conviction of a crime underlying the disciplinary action taken against the employee

Posted on August 09, 2010
Determining the disciplinary penalty to be imposed following conviction of a crime underlying the disciplinary action taken against the employeeGarippa v New York City Bd. of Ed., NYS Supreme Court, [Not selected for publication in the Official Reports]A Section 3020-a arbitrator found Michael Garippa, a New York City school teacher, guilty of conduct unbecoming the profession and authorized his termination...

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