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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

Employee terminated for misconduct ineligible for unemployment insurance

Posted on December 02, 2009
Employee terminated for misconduct ineligible for unemployment insuranceMatter of Warren v Commissioner of Labor, 2009 NY Slip Op 08739, Decided on November 25, 2009, Appellate Division, Third DepartmentWillie R. Warren Jr. worked as a bus operator for a public transportation company...

City to pay 100% of the cost of health insurance for retired firefighters

Posted on December 01, 2009
City to pay 100% of the cost of health insurance for retired firefightersMatter of Gooshaw v City of Ogdensburg, 2009 NY Slip Op 08738, decided on November 25, 2009, Appellate Division, Third DepartmentThomas W. Gooshaw, a retired City of Ogdensburg firefighter, was the lead plaintiff in an action that alleged that the City had violated the terms of the collective bargaining agreement [CAB] in

Moonlighting while on FMLA leave

Posted on December 01, 2009
Moonlighting while on FMLA leave Source: AELE Law Enforcement Legal Center, http://www.aele.org/, Reproduced with permission. Copyright © 2009 AELEThe arbitrator ruled that management unfairly denied a police officer the right to work secondary employment while he was on FMLA leave due to the birth of a child...

Members of the Nassau County Rent Board are employees of the State

Posted on December 01, 2009
Members of the Nassau County Rent Board are employees of the StateFormal Opinions of the Attorney General 2009-F1The Attorney General has advised Gary R. Connor, Counsel, the NYS Division of Housing and Community Renewal, that, in his opinion, the members of the Nassau County Rent Guidelines Board* are individuals employed in the service of the State ?whether or not compensated? and thus they are

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DOL issues guidance on H1N1 flu and FMLA

Posted on December 01, 2009
DOL issues guidance on H1N1 flu and FMLASource: 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...

Employer?s failure to investigate alleged sexual abuse after learning of its employee?s arrest excuses the filing of a late notice of claim

Posted on November 30, 2009
Employer?s failure to investigate alleged sexual abuse after learning of its employee?s arrest excuses the filing of a late notice of claimMatter of Trotman v Rochester City School Dist., 2009 NY Slip Op 08664, decided on November 20, 2009, Appellate Division, Fourth DepartmentConcluding that Supreme Court abused its discretion in denying Kyle O...

The denial of a motion to reargue a motion that has been denied may not be appealed

Posted on November 30, 2009
The denial of a motion to reargue a motion that has been denied may not be appealedMatter of Niagara Frontier Transp. Auth. v International Longshoremen's Assn., Local 2028, 2009 NY Slip Op 08379, decided on November 13, 2009, Appellate Division, Fourth DepartmentNiagara Frontier Transportation Authority v International Longshoremen's Association presents an interesting, if convoluted, series of

Probationary period for newly appointed New York City sanitation workers changed from 12 months to 18 months

Posted on November 30, 2009
Probationary period for newly appointed New York City sanitation workers changed from 12 months to 18 monthsMatter of Nespoli v Doherty, 2009 NY Slip Op 08499, Decided on November 19, 2009, Appellate Division, First DepartmentSupreme Court Justice Marcy J...

Deciding that the employee?s testimony did not make sense, hearing officer concluded the employee statements were untrue

Posted on November 30, 2009
Deciding that the employee?s testimony did not make sense, hearing officer concluded the employee statements were untrueDepartment of Corrections v Patterson OATH Index No. 2164/0OATH Administrative Law Judge Faye Lewis recommended termination of Corrections Captain Reginald Patterson after finding that Patterson used excessive force towards an inmate and made multiple false statements and

Police officer suffering an injury in police station but not performing any job duty at the time ineligible for GML §207-c disability benefits

Posted on November 30, 2009
Police officer suffering an injury in police station but not performing any job duty at the time ineligible for GML §207-c disability benefitsMatter of DiMeglio v Village of Briarcliff Manor, N.Y., 2009 NY Slip Op 08614, Decided on November 17, 2009, Appellate Division, Second DepartmentLinda L...

Claim alleging ?detrimental reliance? on agreement with employer underlying tendering employee?s resignation dismissed

Posted on November 30, 2009
Claim alleging ?detrimental reliance? on agreement with employer underlying tendering employee?s resignation dismissedBoakye-Yiadom v Roosevelt Union Free School Dist., 2007 NY Slip Op 52657(U), decided on April 18, 2007, Supreme Court, Nassau County, Justice Daniel PalmieriKwame Boakye-Yiadom, the former Assistant Superintendent for Business for the Roosevelt Union Free School District ("

An arbitration award must be upheld if there is some minimal justification for the decision reached by the arbitrator

Posted on November 24, 2009
An arbitration award must be upheld if there is some minimal justification for the decision reached by the arbitratorMatter of Buffalo Teachers Fedn., Inc. v Board of Educ. of Buffalo City School Dist., 2009 NY Slip Op 08352, decided on November 13, 2009, Appellate Division, Fourth DepartmentIn this contract grievance arbitration, the arbitrator determined that although the Buffalo City School

Dismissal of employee found guilty of misusing authority and mistreatment of patient recommended by hearing officer

Posted on November 24, 2009
Dismissal of employee found guilty of misusing authority and mistreatment of patient recommended by hearing officerHealth and Hospital Corporation v Bellinger, OATH Index #133/10In a disciplinary hearing, the Health and Hospitals Corporation proved that Joseph Bellinger, a hospital police sergeant, had used excessive force on a patient when he guided the patient into a control room and pushed him

Firefighter?s Rule does not bar police officer accidentally shot in police locker room from suing for ?common-law negligence?

Posted on November 24, 2009
Firefighter?s Rule does not bar police officer accidentally shot in police locker room from suing for ?common-law negligence?Ferriolo v City of New York, 2009 NY Slip Op 08494, Decided on November 19, 2009, Appellate Division, First DepartmentPolice officer Vincenzo Ferriolo was in the process of donning his uniform before beginning his tour of duty and conversing with another officer while a

Breaching education proficiency test security

Posted on November 24, 2009
Breaching education proficiency test securitySettlement of disciplinary chargesThe Cohoes City School District filed disciplinary charges against a teacher alleging that she had allowed students to correct their incorrect answers in a district-wide mathematics proficiency test, thereby compromising the test?s validity...

Disciplinary charges dismissed based on the hearing officer?s finding that the employer did not prove the allegations made against the individual

Posted on October 01, 2009
Disciplinary charges dismissed based on the hearing officer?s finding that the employer did not prove the allegations made against the individualNew York City Department of Sanitation v Seagers, OATH Index #3547/09The Department of Sanitation did not prove that an employee, Dean Seagers, engaged in misconduct when he arrived late to work and failed to sign out...

Determining eligibility for disability retirement benefits where there are conflicting medical opinions

Posted on October 01, 2009
Determining eligibility for disability retirement benefits where there are conflicting medical opinionsMatter of Hammond-Timpano v New York State & Local Retirement System, 2009 NY Slip Op 06627, Decided on September 24, 2009, Appellate Division, Third DepartmentGina M...

Reliance on the findings of the disciplinary hearing officer

Posted on October 01, 2009
Reliance on the findings of the disciplinary hearing officerMatter of Chiarelly v Watertown City School Dist. Bd. of Educ., 34 AD3d 1219Thomas Chiarelly challenged the determination of the Watertown City School District Board of Education (Board) terminating him from his position of cleaner at the Watertown High School...

Substantial evidence required to support disciplinary determination

Posted on October 01, 2009
Substantial evidence required to support disciplinary determinationCestare v Town of Islip, 34 AD3d 672,Duda v Board of Educ. of Uniondale Union Free School Dist, 34 AD3d 580The Town of Islip filed disciplinary charges against Town Park Ranger Jerry Cestare pursuant to Section 75 of the Civil Service Law...

Pressing Whistleblower claims

Posted on October 01, 2009
Pressing Whistleblower claimsKeskin v State of New York, NYS Court of Claims, 14 Misc.3d 537New York State?s "whistleblower" statutes? (Civil Service Law §75-b; Labor Law §740) provide certain protections to an employee who discloses to a governmental body (Civil Service Law §75-b) or discloses or threatens to disclose to an employer or public body (Labor Law §740), information concerning a

Clerical error in recording an educator?s tenure area does not vest educator with tenure in the tenure area recorded

Posted on September 30, 2009
Clerical error in recording an educator?s tenure area does not vest educator with tenure in the tenure area recordedAppeal of Janice Walters from action of the Board of Education of the City School District of the City of Cortland, Superintendent Laurence Spring and Lydia Eberenz-Rosero regarding the appointment of an elementary principal, Decisions of the Commissioner of Education No.

Educator ineligible for unemployment insurance between academic years if give reasonable reassurance of reemployment

Posted on September 30, 2009
Educator ineligible for unemployment insurance between academic years if give reasonable reassurance of reemploymentMatter of Jeanty v Commissioner of Labor, 2009 NY Slip Op 06625, decided on September 24, 2009, Appellate Division, Third DepartmentRecognizing that the majority of educators serve a 10-month professional obligation for the academic year, Labor Law §590(10) bars a individual

Employer?s good faith effort to serve a notice of disciplinary charges crucial

Posted on September 30, 2009
Employer?s good faith effort to serve a notice of disciplinary charges crucialMatter of DiPillo v Jacknis, 13 Misc 3d 1226(A)Arthur DiPillo was dismissed from his position with Westchester County?s Department of Information Technology after being found guilty of the charges filed against him by the hearing officer...

Disrupting a public meeting

Posted on September 30, 2009
Disrupting a public meetingPeople v Albra (Azem), 13 Misc 3d 64Although the Town of Fishkill Board announced that members of the public would be permitted to speak during its meeting about any of the topics on the agenda, Azem Albra insisted on speaking about items not on the agenda...

Arbitrators may make an award reflecting the spirit of an agreement

Posted on September 30, 2009
Arbitrators may make an award reflecting the spirit of an agreementMatter of Arbitration Between Civ. Serv. Employees Assn. Inc. Local 1000 AFSCME AFL-CIO Niagara Falls Bridge Commn. Unit Niagara County Local 832, 32 AD3d 1186The Appellate Division, Fourth Department ruled that a Supreme Court Justice properly granted CSEA?s petition to confirm an arbitration award and denied the Niagara Falls

Access to a report prepared for a public employer concerning allegations of workplace misconduct on the part of an employee.

Posted on September 29, 2009
Access to a report prepared for a public employer concerning allegations of workplace misconduct on the part of an employee.Advisory Opinion, Committee on Open Government concerning the application of the Freedom of Information Law* An employee of the Schenectady City School District, Steven Raucci, is the subject of 26 criminal charges and is alleged to have engaged in a pattern of

No portal-to-portal pay if work requirements involved in an employees? commuting to and, or, from work is found de minimus

Posted on September 29, 2009
No portal-to-portal pay if work requirements involved in an employees? commuting to and, or, from work is found de minimusClarke v. City of New York, Second Circuit Court of Appeals, Nos. 08-6039-cv, 08-6189-cv, decided September 22, 2009The Circuit Court affirmed a federal district court?s ruling dismissing the complaint filed by Shirley Clarke on her behalf and on the behalf of a number of

Video assists in establishing the employee?s innocence in disciplinary hearing

Posted on September 29, 2009
Video assists in establishing the employee?s innocence in disciplinary hearingNew York City Department of Education, OATH Index #2273/09Administrative Law Judge Alessandra F. Zorgniotti recommended that disciplinary charges filed against John Fleischmann, a New York City Board of Education custodian accused of failing to notify his supervisor about a gas emergency be dismissed...

Challenging disqualification for a position

Posted on September 29, 2009
Challenging disqualification for a position George Thorsen v Nassau County Civil Service Commission, 32 AD3d 1037 The Nassau County Civil Service Commission disqualified George Thorsen for the position of Nassau County Director of Probation. Thorsen sued and won a judgment holding that he was qualified for the position and requiring the Commission to process his

Diminution of employment benefits may constitute disciplinary action

Posted on September 29, 2009
Diminution of employment benefits may constitute disciplinary action Matter of Lynch v Board of Education of the Hewlett-Woodmere Union Free School District, 13 Misc 3d 1208(A). The School District changed the work schedule of a school bus driver and part time security aide...

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