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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

Conviction of a crime and employment pursuant a ?Certificate of Relief from Disabilities? or a ?Certificate of Good Conduct?

Posted on September 14, 2009
Conviction of a crime and employment pursuant a ?Certificate of Relief from Disabilities? or a ?Certificate of Good Conduct?Camulaire v Board of Education, NYS Supreme Court, [Not officially reported]In May 1996 Arnold Camulaire applied to the New York City Board of Education for a teaching license and listed a criminal conviction on his application form...

Name clearing hearing to rebut derogatory information in a personnel file

Posted on September 14, 2009
Name clearing hearing to rebut derogatory information in a personnel fileSciolino v. City of Newport News, U.S. 4th Circuit Court of Appeals, 480 F.3d 642The lesson in Sciolino is that if an individual believes that there is derogatory information in his or her personnel file and that there is a danger of such derogatory information being seen by a prospective employer or the public, such an allegation must be set out in the individual?s complaint...

Appeal claims ?procedural flaws? in conducting a disciplinary hearing

Posted on September 11, 2009
Appeal claims ?procedural flaws? in conducting a disciplinary hearingMatter of Whyte v Horn, 38 A.D.3d 362Sharon Whyte was terminated from her employment as a correction officer after being found guilty of disciplinary charges that had been filed against her...

Accelerated research tool make research easier

Posted on September 11, 2009
Accelerated research tool make research easierYou may now perform research of the material published by NYPPL more quickly.To search this blog using a key word or phrase, please click on: http://www.feedblitz.com/f/?Search=594476For example, set out below are the first ten ?hits? of over 200 postings for the phrase Summary termination...

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Early retirement agreements

Posted on September 10, 2009
Early retirement agreementsLilker v Village of Freeport, Supreme Court Nassau Co., [Not officially reported]The Village of Freeport Trustees decided that an unprecedented budget deficit required it to reorganize the village?s police force. The plan called for the establishment of the position of ?police chief? and the elimination of the title ?inspector...

Which blawgs should be included in the ABA's annual list of the 100 best legal blogs

Posted on September 10, 2009
An e-mail received from the American Bar Association asks "Which blawgs should we include in our annual list of the 100 best legal blogs in December? Readers wishing to nominate a legal blog for inclusion in the ABA's list may do so at: http://www...

School district?s new food service contractor not necessarily required to continue existing staff and to match existing benefits

Posted on September 09, 2009
School district?s new food service contractor not necessarily required to continue existing staff and to match existing benefitsAppeal of Whitsons School Nutrition Corporation from action of the Board of Education of the William Floyd Union Free School District, Aramark Corporation and Aramark Educational Services, LLC regarding the awarding of a food service contract, Decisions of the Commissioner of Education, Decision No...

Federal Honest Leadership and Open Government Act of 2007 ruled Constitutional

Posted on September 09, 2009
Federal Honest Leadership and Open Government Act of 2007 ruled ConstitutionalNational Association of Manufacturers v Jeffrey Allen Taylor, et alUnited States Court of Appeals, for the District of Columbia Circuit, Decided September 8, 2009, No. 08-5085The Circuit Court of Appeals, DC Circuit, upheld the constitutionality of the Honest Leadership and Open Government Act of 2007, rejecting a challenge alleging that 2 U...

Use of hearsay evidence in administrative hearings

Posted on September 09, 2009
Use of hearsay evidence in administrative hearingsHoffman v Village of Sidney, 252 A.D.2d 844Edward F. Hoffman, Jr., a Village of Sidney police officer, was served with disciplinary charges pursuant to Section 75 of the Civil Service Law alleging:1. While off-duty he threatened one or more persons;2...

Medical evidence supports finding that applicant?s disability was not job related

Posted on September 08, 2009
Medical evidence supports finding that applicant?s disability was not job relatedMatter of Locke v Kelly, 38 A.D.3d 363Richard Locke?s application for a service-related accidental disability retirement allowance was rejected.The Appellate Division sustained the Police Commissioner?s rejection of Locke?s disability retirement application, ruling that the Medical Board's finding that his disability was caused by a degenerative hip condition rather than his line-of-duty knee injuries was supported by credible evidence...

Attorney General Cuomo releases New York State Police Report; Governor Paterson responds

Posted on September 08, 2009
Attorney General Cuomo releases New York State Police Report; Governor Paterson respondsSource: Press release, Office of the GovernorGovernor David A. Paterson and Attorney General Andrew M. Cuomo have released the Attorney General?s State Police report, along with a letter from the Governor responding to the Attorney General's findings and recommendations...

Break in service required of a member of the State Teachers? Retirement System to effect retirement

Posted on September 08, 2009
Break in service required of a member of the State Teachers? Retirement System to effect retirementMatter of Boyce v New York State Teachers' Retirement System, 2009 NY Slip Op 29356, decided on July 21, 2009, Supreme Court, Albany County, Judge Henry F...

Reinstatement to the eligible list

Posted on September 04, 2009
Reinstatement to the eligible listMatter of Chiang v County of Nassau, 38 A.D.3d 772, Motion to appeal denied, 9 N.Y.3d 804The Nassau County Civil Service Commission disqualified Catherine Chiang for appointment to the position of Nassau County Police Officer on medical grounds...

OPM Issues Proposed Military Family Leave Regulations Covering Federal Employees

Posted on September 04, 2009
OPM Issues Proposed Military Family Leave Regulations Covering Federal EmployeesSource: 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...

Negotiating parity salary provisions

Posted on September 03, 2009
Negotiating parity salary provisionsMatter of Plainedge Federation of Teachers, 31 PERB 3015The Plainedge Federation of Teachers submitted a bargaining demand that provided that the Plainedge Union Free School District would pay its teaching assistants a percentage salary increase equal to the median percentage increase paid annually to teaching assistants in other school districts in Nassau County...

2d Circuit Court of Appeals holds employment-related grievances may relate to matters of public concern

Posted on September 03, 2009
2d Circuit Court of Appeals holds employment-related grievances may relate to matters of public concernSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq...

County to review step/grade placements of certain employees promoted to determine if the CBA provisions were correctly applied

Posted on September 02, 2009
County to review step/grade placements of certain employees promoted to determine if the CBA provisions were correctly appliedCivil Serv. Empl. Assn., Inc. v County of Nassau, 2009 NY Slip Op 51819(U), Decided on July 27, 2009, Supreme Court, Nassau County, Judge F...

Out-of-title work

Posted on September 02, 2009
Out-of-title workMacrae v Dolce, 249 A.D.2d 476City of White Plains firefighters brought an Article 78 action contending that the City was requiring them to regularly perform out-of-title work by serving as fire lieutenants in violation of Section 61...

Employee cannot be found guilty of misconduct not alleged in the disciplinary charges filed against the employee

Posted on September 01, 2009
Employee cannot be found guilty of misconduct not alleged in the disciplinary charges filed against the employeeMayo v Personnel Review Bd. of the Health & Hosps. Corp, 2009 NY Slip Op 06224, Decided on August 18, 2009, Appellate Division, First DepartmentKeith Mayo was employed by the Health and Hospitals Corporation [HHC] as a supervisor of stock workers...

Disciplinary penalty reduced by court

Posted on September 01, 2009
Disciplinary penalty reduced by courtCatena v Village of Southampton, 289 A.D.2d 487The Village of Southampton dismissed Jeffrey Catena from his position as maintenance mechanic. Although Catena admitted his guilt, he appealed, contending that the penalty of dismissal was too harsh under the circumstances...

Recommended penalty for excessive lateness: suspensions without pay

Posted on August 31, 2009
Recommended penalty for excessive lateness: suspensions without payTaxi and Limousine Commission v Jones, OATH Index #2829/09Taxi and Limousine Commission v Kupferberg, OATH Index #2828/09In two separate cases, OATH Administrative Law Judge John Spooner found that the Taxi and Limousine Commission proved that two clerical associates were excessively late...

Determining line-of-duty disability

Posted on August 31, 2009
Determining line-of-duty disabilityErtner v Chenango County, 280 A.D.2d 851In considering the standard to apply in determining line-of-duty disability for the purpose of demonstrating eligibility for Section 207-c benefits, in the Ertner case, the Appellate Division, Third Department said that:While it would be virtually impossible to enumerate each and every instance in which an employee would be entitled to General Municipal Law Section 207-c benefits as opposed to workers' compensation benefits (and such determinations must, of necessity, be made on an ad hoc basis), two rather classic examples come to mind: a police officer injured while pursuing a fleeing felon and a correction officer injured while attempting to quell a prison riot...

States and political subdivisions of states are not employers within the meaning of the National Labor Relations Act

Posted on August 28, 2009
States and political subdivisions of states are not employers within the meaning of the National Labor Relations ActFord v D.C. 37 Union Local 1549, CA2d Circuit, Docket No. 08-2317-cvRoxanne Ford appealed a judgment by the United States District Court for the Southern District of New dismissing her complaint alleging that DC-37 breached the duty of fair representation...

Disciplinary suspension without pay

Posted on August 28, 2009
Disciplinary suspension without payWachtmeiser v Andrus, 279 A.D.2d 822Clearly an employee against whom disciplinary charges have been filed pursuant to Section 75 of the Civil Service Law may be suspended without for up to thirty days pending a resolutions of the disciplinary action...

Social Networking, Blogging And Employment Law Article

Posted on August 28, 2009
Social Networking, Blogging And Employment Law ArticleSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Proof of service critical in determining if an appeal from an administrative decision has been timely filed

Posted on August 27, 2009
Proof of service critical in determining if an appeal from an administrative decision has been timely filedMatter of Maye v New York City Dept. of Educ., 2009 NY Slip Op 31815(U), August 11, 2009, Supreme Court, New York County, Docket Number: 112869/08, Judge: Nicholas FigueroaCatherine Maye challenged an arbitration award terminating her employment as a New York City public school teacher...

Arbitration awards must be consistent with public policy

Posted on August 27, 2009
Arbitration awards must be consistent with public policyMatter of Lawrence Teachers Assn. v Lawrence Pub. Schools 38 A.D.3d 779, Motion for leave to appeal denied, , 9 N.Y.3d 806The Lawrence Teachers Association filed a CPLR Article 75 action seeking to confirm an arbitration award that directed the Lawrence Public Schools to designate members of the Association?s bargaining unit to perform special education services outside of the geographical boundaries of the school district in accordance with the terms of a ?stipulation? agreed to by the parties...

Legislation proposed to require private employers in New York City to provide their employees with paid sick leave

Posted on August 27, 2009
Legislation proposed to require private employers in New York City to provide their employees with paid sick leaveSource: CCH Workday/Workday WorldPositioning New York City to become the fourth municipality in the country to pass paid sick leave legislation, Council Member Gale A...

A ?new penalty? to be imposed after court finds no substantial evidence to support one of two disciplinary charges for which employee was found guilty

Posted on August 26, 2009
A ?new penalty? to be imposed after court finds no substantial evidence to support one of two disciplinary charges for which employee was found guiltyMatter of Penderleith v Lakeland Cent. School Dist. of Shrub Oak, N.Y., 2009 NY Slip Op 06250, Decided on August 18, 2009, Appellate Division, Second DepartmentThe Lakeland Central School District of Shrub Oak file charges alleging Penderleith failed to comply with proper protocol during a fire alarm (Charge I) and acting in a manner that was menacing, intimidating, and/or threatening toward the principal or assistant principal (Charge II)...

Disciplinary charges must provide information sufficient to prepare a defense

Posted on August 26, 2009
Disciplinary charges must provide information sufficient to prepare a defenseMatter of Capone v Patchogue-Medford Union Free School District, 38 A.D.3d 770Ralph Capone, formerly employed by the Patchogue-Medford Union Free School District as a Custodial Worker I, challenged his termination after he was found guilty of charges filed against him pursuant to �75 of the Civil Service Law...

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