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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

Disciplinary penalty ruled too severe remanded to appointing authority for imposition of a lesser penalty

Posted on February 14, 2011
Disciplinary penalty ruled too severe remanded to appointing authority for imposition of a lesser penaltyRapkiewicz v Middle Country School District; 273 AD2d 392, Motion for leave to appeal denied, 95 NY2d 765Tiano v Middle Country School District, App...

If the WCB determines the individual involuntarily withdraw from the workforce, it cannot require a claimant to seek work within medical limitations

Posted on February 11, 2011
If the WCB determines the individual involuntarily withdraw from the workforce, it cannot require a claimant to seek work within medical limitations Matter of Funke v Eastern Suffolk BOCES, 2011 NY Slip Op 00144, Appellate Division, Third DepartmentSandra R...

Dismissal for excessive absence found an appropriate disciplinary penalty

Posted on February 11, 2011
Dismissal for excessive absence found an appropriate disciplinary penaltyMcKinnon v North Bellmore UFSD, 273 AD2d 240According the Appellate Division, Second Department, dismissing an employee who is guilty of excessive absence is consistent with the Pell standard (Pell v Board of Education, 34 NY2d 222)...

Exhaustion of administrative remedies a condition precedent to seeking judicial relief

Posted on February 11, 2011
Exhaustion of administrative remedies a condition precedent to seeking judicial reliefDobrin v NYC PBA, Inc., Supreme Court, New York County, [Not selected for publication in the Official Reports]It is clear that courts, as a general rule, will not consider lawsuits filed by public employees protesting some administrative determination unless the individual has exhausted his or her administrative remedies...

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Statute of limitations to serve Civil Service Law Section 75 disciplinary charges extended where charges would constitute a crime

Posted on February 11, 2011
Statute of limitations to serve Civil Service Law Section 75 disciplinary charges extended where charges would constitute a crimeMieles v Safir, 272 AD2d 199The Mieles case provides an example of the application of the exception to statute of limitations set out in Section 75...

Compensation paid to a member of public retirement system by a private entity not credited in determining the members Final Average Salary

Posted on February 10, 2011
Compensation paid to a member of public retirement system by a private entity not credited in determining the members Final Average SalaryMatter of Andrews v New York State Teachers' Retirement Sys., 2011 NY Slip Op 00132, Appellate Division, Third DepartmentDonald Andrews joined the New York State Teachers? Retirement System [NYSTRS] in 1967...

Statute of limitations not stayed when pursuing another remedy

Posted on February 10, 2011
Statute of limitations not stayed when pursuing another remedyLevine v Board of Education, 272 AD2d 328Sometimes an individual will file a grievance in accordance with the grievance procedure set out in a collective bargaining agreement rather than immediately initiate a lawsuit on the assumption that he or she can file the lawsuit later...

Standing to appeal an arbitrator's determination

Posted on February 10, 2011
Standing to appeal an arbitrator's determinationDelgado v NYC Board of Education, 272 AD2d 207, Leave to appeal denied, 95 NY2d 768The basic issue in the Delgado case concerns the right of an individual to bring a lawsuit involving the same issue[s] considered by an arbitrator in resolving a grievance filed in accordance with procedures negotiated under the Taylor Law...

The timeliness of the filing of an appointee?s Oath of Office critical to his or her continuation in the position

Posted on February 09, 2011
The timeliness of the filing of an appointee?s Oath of Office critical to his or her continuation in the positionMatter of Scro v Board of Educ. of the Jordan-Elbridge Cent. School Dist., 2011 NY Slip Op 30182(U), Sup Court, Onondaga County, Judge Donald A...

Accidental disability retirement - determining proximate cause

Posted on February 09, 2011
Accidental disability retirement - determining proximate causeSepanara v NYS Employees? Retirement System, 272 AD2d 830City of Johnstown police officer Michael C. Sepanara, claiming that he was permanently disabled as a result of a line-of-duty injury, filled applications for accidental and performance of duty disability retirement benefits...

Using the word ?should? in a policy memorandum?s means it is not mandatory

Posted on February 09, 2011
Using the word ?should? in a policy memorandum?s means it is not mandatoryPort Wash. Teachers' Ass'n v. Board of Educ. of the Port Wash. Union Free Sch. Dist., No. 06-0708-CV 67, (USCA, 2d Cir.)The superintendent of the Port Washington Union Free School District, Dr...

Where the statute provides alternate appeal procedures, the election of one such procedure serves to preclude seeking redress pursuant to the other

Posted on February 08, 2011
Where the statute provides alternate appeal procedures, the election of one such procedure serves to preclude seeking redress pursuant to the otherMatter of Uddin v NYC/Human Resources Admin., 2011 NY Slip Op 00695, Appellate Division, Second Department�76 of the Civil Service Law provides that an aggrieved employee may appeal a �75 administrative disciplinary determination by either:1...

Finding different employees guilty of the same misconduct does not require the appointing authority's imposing the same penalty on the individuals

Posted on February 08, 2011
Finding different employees guilty of the same misconduct does not require the appointing authority's imposing the same penalty on the individualsMeagher v Safir, 272 AD2d 114One of the issues in the Justin Meagher?s appeal from the disciplinary penalty imposed upon him by the New York City Commissioner of Police was that his punishment was the forfeiture of ten days of vacation while the penalty imposed on another officer involved in the same event was the loss of five days of vacation...

Taylor Law considerations concerning General Municipal Law Section 207-a/207-c

Posted on February 08, 2011
Taylor Law considerations concerning General Municipal Law Section 207-a/207-cBarnes v Council 82, [David Monroe], Court of Appeals, 94 NY2d 719Watertown v Watertown PBA, Court of Appeals, 95 NY2d 73Local 2562, IAFF, AFL-CIO, v Cohoes, Court of Appeals, 94 NY2d 686The Court of Appeals has handed down three rulings concerning issues involving collective bargaining under the Taylor Law as they relate to negotiating procedures to implement and administer General Municipal Law Sections 207-a and 207-c with respect to the approval, and continuation of, benefits pursuant to these provisions...

If an educator employed by the NYC BOE asks to withdraws his or her resignation, the request shall be granted subject to the Chancellors approval

Posted on February 07, 2011
If an educator employed by the NYC BOE asks to withdraws his or her resignation, the request shall be granted subject to the Chancellors approval Matter of Mendez v New York City Dept. of Educ., 2011 NY Slip Op 50067(U), Supreme Court, New York County, Judge Jane S...

Completed school district audits

Posted on February 07, 2011
Completed school district auditsSource: The Office of the State ComptrollerNew York State Comptroller Thomas P. DiNapoli announced his office has completed audits of the school districts listed below.Click on the school name to access the Comptroller's audit report...

Arbitrating health insurance claims

Posted on February 07, 2011
Arbitrating health insurance claimsCorrection Officers Benevolent Asso. v Westchester County, Supreme Court, Westchester County, [Not selected for publication in the Official Reports]Not every grievance concerning health insurance benefits provided pursuant to a collective bargaining agreement is subject to the contract arbitration provisions set out in the Taylor Law contract as the Correction Officers Benevolent Association case demonstrates...

Relying on hearsay evidence in administrative hearings depends on the creditability of the witness.

Posted on February 07, 2011
Relying on hearsay evidence in administrative hearings depends on the creditability of the witness.Saunders v City of New York, 273 AD2d 103, Motion for leave to appeal denied, 95 NY2d 766New York City police officer Brian Saunders was terminated from his position after being found guilty of having assaulted and caused physical injuries to two former girlfriends...

Successor union?s liability

Posted on February 07, 2011
Successor union?s liabilityParker v Metropolitan Trans. Authority, USDC, SDNY, [Justice Colleen McMahon]Donald Parker, a police officer with the Metro-North Commuter Railroad (Metro-North), sued the Metropolitan Transportation Authority, Metro-North, the Metropolitan Transportation Authority Police Benevolent Association [MTA-PBA], the Metro-North Police Benevolent Association, and the Railroad Police Benevolent Association, claiming each had discriminated against him because of his age and disability...

NYPPL trivia -

Posted on February 05, 2011
The most viewed summary of a court decision posted on New York Public Personnel Law during 2010:Any administrative action in the nature of discipline taken against a tenured teacher must be taken pursuant to Education Law �3020-a exclusivelyMatter of Rosenblum v New York City Conflicts of Interest Bd...

Performance in the tenure area is critical when determining an individual?s seniority in such tenure area the purposes of layoff

Posted on February 04, 2011
Performance in the tenure area is critical when determining an individual?s seniority in such tenure area the purposes of layoffAppeal of Ralph Coviello against the Board of Cooperative Educational Services for the First Supervisory District of Erie County and John E...

Adjudicating performance

Posted on February 04, 2011
Adjudicating performanceRatigan v Daemen College, 273 AD2d 891The Ratigan case sets out the parameters that courts typically use when considering challenges to a school?s decision concerning a student?s academic achievement. Presumably the same standard would be applied in evaluated an employee?s performance in a training program coupled with his or her eligibility to continue in his or her position...

Public policy precludes the arbitrating of court?s directing the removal of assigned personnel in alleged violation of the terms of a CBA

Posted on February 04, 2011
Public policy precludes the arbitrating of court?s directing the removal of assigned personnel in alleged violation of the terms of a CBAMatter of County of Broome v New York State Law Enforcement Officers Union, Dist. Council 82, AFSCME, AFL-CIO, 2011 NY Slip Op 00325, Appellate Division, Third DepartmentTimothy Mooney is a correction officer with the Broome County Sheriff's Office...

Selecting from among conflicting medical opinions

Posted on February 04, 2011
Selecting from among conflicting medical opinionsBell v NYC Employees? Retirement System, 273 AD2d 119, Motion for leave to appeal denied, 96 NY2d 701The New York City Employees? Retirement System rejected the application for accidental disability retirement filed by Augusta Bell...

Testing for illegal drugs

Posted on February 04, 2011
Testing for illegal drugsWilson v White Plains, 95 NY2d 783The Appellate Division reinstated Ian Scott Wilson to his position of firefighter with the City of White Plains. Wilson had been terminated after testing positive for large quantities of benzoylecgonine (a metabolite of cocaine) in his urine...

Employer?s claim that a provision in the expired CBA was subject to a sunset provision in the absence of a successor agreement to go to arbitration

Posted on February 03, 2011
Employer?s claim that a provision in the expired CBA was subject to a sunset provision in the absence of a successor agreement to go to arbitrationMatter of Schuyler County v Schuyler County Highway Unit, Local 849, Unit 8600, AFSCME, CSEA Local 1000, 2011 NY Slip Op 00479, Appellate Division, Third DepartmentThe parties entered into a collective bargaining agreement (CBA) for the years 2006-2009 that provided for a four-step grievance process, the third being advisory arbitration...

Individuals receiving unemployment Insurance Benefits are ineligible to receive ineligible to receive emergency unemployment compensation benefits

Posted on February 03, 2011
Individuals receiving unemployment Insurance Benefits are ineligible to receive ineligible to receive emergency unemployment compensation benefits Matter of Umpierre v Commissioner of Labor, 2011 NY Slip Op 00470, Appellate Division, Third DepartmentJose A...

Designating a disciplinary hearing officer

Posted on February 03, 2011
Designating a disciplinary hearing officerPieczonka v Village of Blasdell, 273 AD2d 842If nothing else, the Pieczonka demonstrates the importance of the parties dotting all of the i?s and crossing all of the t?s in processing a disciplinary action brought pursuant to Civil Service Law Section 75...

Political party officials, others, barred from receiving court fiduciary appointments

Posted on February 03, 2011
Political party officials, others, barred from receiving court fiduciary appointmentsKraham v Lippman, USCA, 2nd Circuit, Docket No.06-2695 cvSection 36.2(c) of the Rules of the Chief Judge of the State of New York [22 NYCRR 36.2, et seq.] sets out a number of ?disqualifications for appointment? as ?guardians? or ?receivers? by New York State courts...

Employee suspended without pay ineligible for ERISA benefits

Posted on February 03, 2011
Employee suspended without pay ineligible for ERISA benefitsPollett v Rinker Materials Corp., USCA 6th Circuit, #05-6459William Pollett was suspended without pay pending the investigation of allegations that he had failed to respond to an equipment malfunction while at work in the proper manner...

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