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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

Supervisor?s acceptance of subordinate?s

Posted on March 11, 2010
Supervisor?s acceptance of subordinate?s reason for refusing to perform an assignment defeats disciplinary action base of such refusalHealth and Hospital Corp. v Shea, OATH Index #687/09ALJ Ingrid Addison recommended dismissal of charges stemming from the refusal of Kathleen Shea, a social worker, to see two children in the hospital's psychiatric emergency room...

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

Posted on March 11, 2010
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, 57 AD3d 684An arbitration award terminated the employment of a Transit Authority worker...

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

Posted on March 11, 2010
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, 57 AD3d 1438The 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)...

Law Blogs

Posted on March 11, 2010
Law BlogsSource: JustiaA truly growth industry is the publication of Blogs by individuals and organizations.For those interested in law-related blogs, of the more than 3,000 blogs listed by Justia, 990 are devoted to various aspects of the law. Justia lets its readers sort the blogs it lists by "popularity,? by ?name,? or by ?last post date...

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Attempting to vacate a consent agreement resolving an administrative proceeding

Posted on March 10, 2010
Attempting to vacate a consent agreement resolving an administrative proceedingMatter of Kirk v State Bd. for Professional Med. Conduct, 58 AD3d 910Robert David Kirk was charged with various instances of professional misconduct by the Bureau of Professional Medical Conduct...

Mitigating circumstances considered by hearing officer in setting disciplinary penalty

Posted on March 10, 2010
Mitigating circumstances considered by hearing officer in setting disciplinary penaltyMatter of Clifford v Kelly, 58 AD3d 432New York City Police Officer Kathleen Clifford was found guilty of the departmental infraction of ?failure to comply with a superior officer's order? Police Commissioner Raymond W...

Disciplinary charges filed in an earlier disciplinary action in which the employee was found not guilty considered in a subsequent disciplinary action

Posted on March 10, 2010
Disciplinary charges filed in an earlier disciplinary action in which the employee was found not guilty considered in a subsequent disciplinary actionHoffmann v Department of Educ. of City of N.Y., 22 Misc 3d 1105(A), Affd., 21 A.D.3d 493Education Law § 3020-a (4) (b) requires that charges of which the employee has been acquitted be expunged from his or her "personnel records...

Hearing officer recommends a 70-day suspension without pay for submitting false information in connection a request for ?emergency leave?

Posted on March 10, 2010
Hearing officer recommends a 70-day suspension without pay for submitting false information in connection a request for ?emergency leave?NYC Department of Sanitation v Joseph Nicchitta, OATH Index #799/10A New York City sanitation worker did not contest charges that he had submitted false notes to substantiate emergency leave...

Employees found guilty of filing a false report

Posted on March 10, 2010
Employees found guilty of filing a false reportDep't of Correction v. Cooper, OATH Index Nos. 2585/08 & 2586/08Two correction officers were charged with filing false and misleading reports concerning an incident when another officer pushed an inmate down a flight of stairs...

A private entity may not become a participating employer in the New York State Employees? Retirement System

Posted on March 10, 2010
A private entity may not become a participating employer in the New York State Employees? Retirement SystemMatter of Carle Place Hook Ladder & Hose Co. No. 1 Inc. v DiNapoli, 22 Misc 3d 1106(A)The Carle Place Hook, Ladder and Hose Co. No. 1, Inc., initially incorporated as the Mineola Park Hook and Ladder in 1910 as what is currently denominated a not-for-profit corporation, contracted with the Town of North Hempstead to provide for fire protection for years 2004-2008 on a ?flat fee basis...

Identity theft can take many forms

Posted on March 10, 2010
Identity theft can take many formsOffice of the City Clerk v Diaz, OATH Index No.1088/09*Characterized as a non-traditional appeal under Section 3-03 of the City Clerk's Rules, Title 51 of the Rules of the City of New York, Stephanie Diaz challenged the Office of the City Clerk of New York?s preliminary denial of her application for a marriage license...

The doctrine of the exhaustion of administrative remedy

Posted on March 09, 2010
The doctrine of the exhaustion of administrative remedyMatter of Mirenberg v Lynbrook Union Free School Dist. Bd. of Educ., 63 AD3d 943In this decision the Appellate Division set out a synopsis of the doctrine of the exhaustion of administrative remedy, noting that:1...

School district?s lawsuit to recover some of the monies stolen from it dismissed as untimely with respect to certain named defendants

Posted on March 09, 2010
School district?s lawsuit to recover some of the monies stolen from it dismissed as untimely with respect to certain named defendantsRoslyn Union Free School Dist. v Barkan, 2010 NY Slip Op 01781, Decided on March 2, 2010, Appellate Division, Second DepartmentCarol Margaritis, a former members of the Roslyn Union Free School District Board of Education,* was among a number of individuals sued by the school district in an effort to recover some of the $11,000,000 in District funds alleged to have been stolen by District employees...

Employee seeks reinstatement to his former position claiming that his resignation was ineffective and involuntary

Posted on March 09, 2010
Employee seeks reinstatement to his former position claiming that his resignation was ineffective and involuntaryMatter of Melber v New York State Educ. Dept., 2010 NY Slip Op 01723, Decided on March 4, 2010, Appellate Division, Third DepartmentJoseph Melber, a NYS Department of Education employee, ?became upset and left work early...

Union can require non-members to contribute to union?s legal fees

Posted on March 09, 2010
Union can require non-members to contribute to union?s legal feesLocke et al. v. Karass, State Controller, et al. 200 U. S. 321The Supreme Court decided that a public employees' union may require individuals in the negotiating unit who are not union members to pay a share of the legal fees incurred in a national lawsuit...

Employee working overtime without approval charged with submitting false claims

Posted on March 09, 2010
Employee working overtime without approval charged with submitting false claimsHuman Resources Admin. v. McNeil, OATH Index No. 684/09Joanne McNeil, an eligibility specialist was charged with submitting false and inappropriate claims for overtime. The evidence showed that she worked extra hours without obtaining the required approval, but there was no evidence that she was paid for hours she had not worked...

Plaintiff?s burden of proof in a lawsuit alleging he or she was defamed by the employer

Posted on March 09, 2010
Plaintiff?s burden of proof in a lawsuit alleging he or she was defamed by the employerFreddie Williams, Jr. v Detroit Board Of Education, et al, USCA, 6th Circuit, Docket No. 07-2520, [not recommended for publication]An employee may, on occasion, bring a lawsuit against his or her employer alleging some action or actions of the employer constituted defamation...

Successor employer must recognize, and bargain, with employee?s former union

Posted on March 09, 2010
Successor employer must recognize, and bargain, with employee?s former unionDean Transportation, Inc. v National Labor Relations Board, [Grand Rapids Educational Support Personnel Association, MEA/NEA, Intervenor], USDC ? District of Columbia Circuit, Docket 07-1262 (Consolidated with 07-1313 and 07-1314)When Dean Transportation, Inc...

Loss or suspension of required license

Posted on March 08, 2010
Loss or suspension of required licenseMatter of Hawkins v Commissioner of Labor, 2010 NY Slip Op 01722, decided on March 4, 2010, Appellate Division, Third DepartmentWoodrow Hawkins, a bus drive, had his commercial driver?s license suspended after he received tickets for speeding and running a red light...

Dismissal of disciplinary charges recommended where correction officers were unable to anticipate the need for, or degree of, force required

Posted on March 08, 2010
Dismissal of disciplinary charges recommended where correction officers were unable to anticipate the need for, or degree of, force requiredCorrection v Dominguz and Edward Martinez, OATH #550/10; 551/10OATH Administrative Law Judge Alessandra Zorgniotti recommended dismissal of charges brought against two New York City Department of Corrections correction officers alleging violations of various provisions of the Department's use of force directive...

Employee denied unemployment insurance benefits after resigning despite assurances of continued employment notwithstanding a layoff

Posted on March 08, 2010
Employee denied unemployment insurance benefits after resigning despite assurances of continued employment notwithstanding a layoffMatter of Ruggiero v Commissioner of Labor, 63 AD3d 1477Elaine Ruggiero learned that resigning from one's position in anticipation of being laid off does not constitute good cause for leaving one's employment when she attempted to overturn the Commissioner of Labor?s determination denying her application for unemployment insurance...

Clear and unambiguous contract language trumps the arbitrator?s application of past practices in resolving a contract grievance

Posted on March 08, 2010
Clear and unambiguous contract language trumps the arbitrator?s application of past practices in resolving a contract grievanceSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H...

Former school board member appeals board?s rescinding its earlier motion to defend and indemnify him in a lawsuit in which he is a defendant

Posted on March 08, 2010
Former school board member appeals board?s rescinding its earlier motion to defend and indemnify him in a lawsuit in which he is a defendantAppeal of Louis M. Palmeri, individually and on behalf of David S. Schaubert, from action of the Board of Education of the Lewiston-Porter Central School District, Robert Weller, Board President, and Edward Lilly, Board Member, regarding defense and indemnification...

Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]

Posted on March 08, 2010
Recognizing same-sex marriage for the purpose of qualifying for spousal benefits in the New York State's employees? health insurance plan [NYSHIP]Lewis v New York State Dept. of Civ. Serv., 60 AD3d 216Kenneth J. Lewis objected to the Department of Civil Service?s decision to recognize the parties to a same-sex marriage as spouses if their marriage were valid in the jurisdiction where it was solemnized, thereby allowing such spouses of state employees access to the benefits provided under the New York State Health Insurance...

Correction Officer?s excessive absence may result in termination even if the result of verified or work-related injury

Posted on March 08, 2010
Correction Officer?s excessive absence may result in termination even if the result of verified or work-related injuryNYC Department of Corrections v Givens, OATH Index No. 393/09 (Dec. 29, 2008)ALJ Casey recommended termination for correction officer Vera Givens after Givens was absent from work for more than 135 days in a 14-month period in 2007 and 2008...

Salary and other payment due a police chief to be based on the compensation paid his or her highest paid subordinate

Posted on March 08, 2010
Salary and other payment due a police chief to be based on the compensation paid his or her highest paid subordinateOpinion of the State Comptroller, 2008-6Sometimes salary increases for police officers negotiated under the Taylor Law results in a chief of police actually being paid less than one or more of his or her subordinates...

Employers must record employee ?horseplay? injuries suffered while at work

Posted on March 06, 2010
Employers must record employee ?horseplay? injuries suffered while at workUS Department of Labor/OSHA recent letter of interpretation OSHA has advised that injuries to employees sustained at the work site as a result of ?horseplay? requiring medical treatment beyond first aid are ?reportable? injuries...

Ability to manage daily activities defeats employee?s claim that mental stress prevented him from making a timely request for a disciplinary hearing

Posted on March 06, 2010
Ability to manage daily activities defeats employee?s claim that mental stress prevented him from making a timely request for a disciplinary hearingSiegel v Board of Education of the City School Dist. of the City of New York, 58 AD3d 474Brian Siegel filed an Article 78 petition in an effort to annul the determination terminating him from his position as a tenured teacher with the New York City School District and reinstatement to his position with back pay, interest and lost benefits...

Terminated volunteer wins first amendment case

Posted on March 06, 2010
Terminated volunteer wins first amendment caseWonder v Hyland, CA9, 127 F3 1135Only rarely does one find litigation involving the separation of a volunteer worker. One such case: Wonder v Hyland, CA9, 127 F3 1135. Roy L. Wonder was a volunteer with a juvenile probation department for 10 years...

Card Check Labor Certification: Lessons from New York

Posted on March 05, 2010
Card Check Labor Certification: Lessons from New YorkRevised version of papers presented at the 62nd Annual Conference on Labor at New York University School of Law, the Fourth Annual Colloquium on Current Scholarship in Labor and Employment Law at Seton Hall Law School and at the Cornell School of Industrial and Labor Relations; Presented by William A...

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