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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

Appointing authority not required to give its former employee a reason for denying his or her application for reinstatement

Posted on January 15, 2010
Appointing authority not required to give its former employee a reason for denying his or her application for reinstatementSalas v New York City Police Dept., 63 AD3d 468Eddie Salas a New York City police officer, resigned from his position on the eve of a departmental hearing scheduled to address allegations that he refused to obey a superior?s order to arrest a sleeping homeless person...

Unit member bound by the terms set out in the collective bargaining agreement negotiated by the union

Posted on January 15, 2010
Unit member bound by the terms set out in the collective bargaining agreement negotiated by the unionMatter of Raymond v Walsh, 63 AD3d 1715Onondaga County Deputy Sheriff Joseph D. Raymond, Sr., was receiving benefits pursuant to General Municipal Law §207-c...

Appointing authority?s decision to dismiss a probationary employee found to have violated Department rules sustained

Posted on January 15, 2010
Appointing authority?s decision to dismiss a probationary employee found to have violated Department rules sustainedAbreu v Doherty, 63 AD3d 490The New York City Department of Sanitation terminated Cristobal Abreu before he had completed his maximum period of probation...

Employee suspended for 30-days without pay after being found guilty of failing to comply with a superior?s lawful order

Posted on January 15, 2010
Employee suspended for 30-days without pay after being found guilty of failing to comply with a superior?s lawful orderMatter of Nash v Kelly, 63 AD3d 483The New York City Police Commissioner adopted a Hearing Officer?s determination that found Police Detective Andrew Nash guilty of failing to comply with a lawful order of a superior officer concerning ?licensing information on a computer program

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Termination of employment recommended for employee found guilty of harassment of fellow employee based on co-worker?s religion

Posted on January 15, 2010
Termination of employment recommended for employee found guilty of harassment of fellow employee based on co-worker?s religionDepartment of Parks & Recreation v Mullusky, OATH Index No. 2041/09Administrative Law Judge John Spooner found that park worker Chris Mullusky had harassed and mistreated a Jewish co-worker because of the co-worker?s religion in violation of the City's Equal Employment

Unit decertification procedures

Posted on January 15, 2010
Unit decertification proceduresTown of Carmel PBA and Town of Carmel, 31 PERB 3046Sometimes established negotiating units become temporarily defunct for the purposes of collective bargaining. The Town of Carmel case illustrates such a situation.The Town of Carmel PBA filed a petition with PERB seeking to have the title lieutenant included in its unit that represented persons in the titles of

Governor Paterson proposes significant public higher education reforms

Posted on January 15, 2010
Governor Paterson proposes significant public higher education reformsSource: Governor?s Press OfficeThe reforms are intended to:1. Provide SUNY and CUNY the flexibility needed to become centers of job creation2. Rationalize Tuition Policy;3. End Albany?s Over-regulation;4...

Filing an Article 78 petition alleging breach of the collective bargaining agreement ruled a waiver of the right to demand arbitration of the issue

Posted on January 14, 2010
Filing an Article 78 petition alleging breach of the collective bargaining agreement ruled a waiver of the right to demand arbitration of the issueMatter of County of Rockland v Rockland Assn. of Mgt., 2010 NY Slip Op 00144, decided on January 5, 2010, Appellate Division, Second DepartmentZoltan Vaizer filed an Article 78 petition challenging his termination from his employment with Rockland

Union?s duty of fair representation

Posted on January 14, 2010
Union?s duty of fair representationMatter Of Deborah Byron and United Federation Of Teachers, Local 2, PERB U-28001Adapted from decision summaries prepared by Public Employment Relations Board staff membersClaims against a union for breaching its duty of fair representation must show bad faith, arbitrariness or discrimination, as that term is defined by case law...

Termination for ?medical incompetence? based on 219 days of absence in a two-year period

Posted on January 14, 2010
Termination for ?medical incompetence? based on 219 days of absence in a two-year periodDep't of Correction v. Duclet, OATH Index No. 972/09Administrative Law Judge Faye Lewis found that New York City Correction Officer Ruby Duclet had been absent excessively since 2007, reporting sick 219 days during a two year, one month period...

NLRB?s ruling that terminating non-union employees for having picketed its health clinic was lawful overturned

Posted on January 14, 2010
NLRB?s ruling that terminating non-union employees for having picketed its health clinic was lawful overturnedCivil Service Employees Association, Local 1000, AFSCME, v National Labor Relations Board, United States Court of Appeals for the Second Circuit, Docket No...

The doctrine of the exhaustion of administrative remedy

Posted on January 14, 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...

An appeal to the Commissioner of Education must contain a clear statement showing an entitlement to relief and a demand for such relief

Posted on January 14, 2010
An appeal to the Commissioner of Education must contain a clear statement showing an entitlement to relief and a demand for such reliefAppeal of Scott A. Stepien from action of the Board of Education of the Lewiston-Porter Central School District, William H...

Resolving disputes involving the payment of a New York State Employees? Retirement System member?s death benefit to a beneficiary

Posted on January 14, 2010
Resolving disputes involving the payment of a New York State Employees? Retirement System member?s death benefit to a beneficiaryRice v Dinapoli, s 23 Misc 3d 1128(A)Gary Rice [Gary] died, survived by three children and a wife. At the time of his death Gary was separated from his wife, Eva Rice [Eva]...

Statute of limitations to compel an official to perform a ministerial act commences to run when the demand for compliance is refused

Posted on January 14, 2010
Statute of limitations to compel an official to perform a ministerial act commences to run when the demand for compliance is refusedMatter of Eidt v City of Long Beach, 62 AD3d 793Douglas Eidt and a number of disabled firefighters receiving General Municipal Law §207-a(2) pension supplementations filed a petition pursuant to CPLR Article 78 in the nature of mandamus to compel the City of Long

Administrative Law Judge rules that the wages of 30% of the workers in a trade covered by the CBA constitutes the ?prevailing wage rate?

Posted on January 14, 2010
Administrative Law Judge rules that the wages of 30% of the workers in a trade covered by the CBA constitutes the ?prevailing wage rate?Office of the New York City Comptroller, ex rel. Local 1087 v Office of Labor Relations, OATH Index No. 2451/08OATH Administrative Law Judge Faye Lewis upheld the New York City?s Comptroller's preliminary determination finding that radio repair mechanics (RRMs)

In determining ?final average salary,? including additional payments for working on vacation days would credit the hours in a paid vacation day twice

Posted on January 13, 2010
In determining ?final average salary,? including additional payments for working on vacation days would credit the hours in a paid vacation day twiceMatter of Port Authority Police Benevolent Association, Inc. v Anglin, 12 NY3d 885For a period of time after the events of September 11, 2001, members of the Port Authority Police Department of New York and New Jersey, were required to work 12-hour

Mergers, consolidations, shared services proposed to streamline State government

Posted on January 13, 2010
Mergers, consolidations, shared services proposed to streamline State governmentSource: Press release by the Office of the GovernorAmong the proposals announced by Governor David A. Paterson to merge and consolidate functions being performed by various State department and agency in an effort to streamlined State government ?at a time when difficult cuts are required across every area of State

Horseplay may result in disciplinary action being taken against the employee.

Posted on January 13, 2010
Horseplay may result in disciplinary action being taken against the employee.Source: NYPPL archives1. The Corning City School District charged a teacher with using physical force against a student -- pinching the student with a pair of pliers. Disciplinary Hearing Officer James R...

Providing police and fire services in times of fiscal stress

Posted on January 13, 2010
Providing police and fire services in times of fiscal stressSource: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEDoes a municipality or other political subdivision of a state have a legal duty to maintain a police force or provide firefighting services?Most courts have concluded that there is no legal duty to provide protective

State Senate required to provide employee payroll records in response to a Freedom of Information Law request

Posted on January 13, 2010
State Senate required to provide employee payroll records in response to a Freedom of Information Law requestMatter of Polokoff-Zakarin v Boggess, 62 AD3d 1141Penny Polokoff-Zakarin filed a Freedom of Information [FOIL] request seeking documents concerning an employee of the State Senate, including the individual?s date of employment and date of termination of employment, the title or position of

Individual employed by a private entity and paid with funds provided by the City of New York is not ?paid by the City?

Posted on January 13, 2010
Individual employed by a private entity and paid with funds provided by the City of New York is not ?paid by the City?Matter of Ivan v New York City Dept. of Health & Mental Hygiene, 63 AD3d 572Richard Ivan filed a petition pursuant to Article 78 of the Civil Practice Law and Rules in an effort to compel the New York City Department of Health and Mental Hygiene (DHMH) to take the necessary

?My fiancée got me fired?: The evolution of retaliation claims

Posted on January 13, 2010
?My fiancée got me fired?: The evolution of retaliation claims*Source: Posted on the Internet in CCH Workday at http://cch-workday.blogspot.com/ . Reproduced with permission. Copyright© CCH 2009, All rights reserved."With the Sixth Circuit?s recent pro-employer ruling on associational retaliation, and a current split on the matter unfolding among the circuits, this issue may well be headed to the

Teacher arrested and charged with ?Perjury in the First Degree? based on his testimony during a §3020-a disciplinary hearing

Posted on January 12, 2010
Teacher arrested and charged with ?Perjury in the First Degree? based on his testimony during a §3020-a disciplinary hearingSource: Phelps-Clifton Springs Central School WebsitePhelps-Clifton Springs Central School Superintendent Mike Ford issued a statement posted on the Phelps-Clifton Springs website* reporting that a teacher, Mr...

Designating a hearing officer to consider Civil Service Law Section 75 disciplinary charges

Posted on January 12, 2010
Designating a hearing officer to consider Civil Service Law Section 75 disciplinary chargesMatter of Perryman v Village of Saranac Lake, 64 AD3d 830Donald G. Perryman, the Village of Saranac Lake Chief of Police, was suspended and charged with misconduct and incompetence* pursuant to Civil Service Law §75...

Some public agencies having unclaimed funds in the State Comptroller's "Abandoned Property Fund"

Posted on January 12, 2010
Some public agencies having unclaimed funds in the State Comptroller's "Abandoned Property Fund"Source: The State Comptroller's web site - a continuing series of reportsIn these times of financial difficulties, every penny counts -- so below is a sample listing of government agencies* currently listed as having monies being held by the State Comptroller in the Abandoned Property Fund and which

Special law bars negotiating a contract disciplinary grievance procedure for police officers in collective bargaining unit

Posted on January 11, 2010
Special law bars negotiating a contract disciplinary grievance procedure for police officers in collective bargaining unitMatter of Town of Harrison Police Benevolent Assn., Inc. v Town of Harrison Police Dept., 2010 NY Slip Op 00160, Decided on January 5, 2010, Appellate Division, Second DepartmentThe issue underlying this CPLR Article 78 action: was Town of Harrison Police Officer Steven

Under certain circumstances, a municipality may modify or discontinue providing health insurance benefits to retirees

Posted on January 11, 2010
Under certain circumstances, a municipality may modify or discontinue providing health insurance benefits to retireesMatter of Kapell v Incorporated Village of Greenport, 63 AD3d 940David E. Kapell served as the mayor of the Incorporated Village of Greenport from 1994 through 2007...

Workers? compensation claim denied after being ruled an ?afterthought? by the applicant

Posted on January 11, 2010
Workers? compensation claim denied after being ruled an ?afterthought? by the applicantMatter of Santiago v Otisville Correctional Facility, 39 A.D.3d 1109Rafael Santiago, a correction officer, filed a claim for workers? compensation benefits. Santiago claimed that he fell conducting a search, causing him to sustain a head injury and related psychological conditions...

Confirming an arbitration award

Posted on January 11, 2010
Confirming an arbitration awardSteuben County v CSEA Local 1000, App. Div., 4th Dept., 292 A.D.2d 810Unhappy with the decision of the arbitrator, Steuben County obtained an order from a State Supreme Court judge vacating the arbitrator's award. The Appellate Division reversed the lower court's decision, holding that:1...

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