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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

Personal preference not enough to establish a material adverse action

Posted on March 24, 2009
Personal preference not enough to establish a material adverse actionSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

General Municipal Law Section 209-m is operative only with respect to police departments having police officers in a negotiating unit

Posted on March 23, 2009
General Municipal Law Section 209-m is operative only with respect to police departments having police officers in a negotiating unitParadiso v Loeffler, 2009 NY Slip Op 01986, Decided on March 17, 2009,The Village of Ocean Beach rejected Edward T. Paradiso?s application for, among other things, an increase in his annual compensation...

Employee serving a disciplinary probationary period terminated after violation of the terms of a disciplinary settlement

Posted on March 23, 2009
Employee serving a disciplinary probationary period terminated after violation of the terms of a disciplinary settlementMatter of Outley v Upstate Med. Univ., 2009 NY Slip Op 02162, Decided on March 20, 2009, Appellate Division, Fourth DepartmentJoanne Outley, an employee at SUNY?s Upstate Medical Center, was served with disciplinary charges alleging that she was guilty of excessive absences and disciplinary notifications UMC and Outley entered into a disciplinary settlement agreement that placed her on probation for a specified period of time and bar her taking any unauthorized absences...

Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug test

Posted on March 20, 2009
Administrative Law Judge holds that an employee's failure to report for drug testing must be treated as the equivalent of failing a drug testDepartment of Sanitation and Henry Morrison, OATH Index No. 894/09OATH Administrative Law Judge Kara Miller recommended termination for a sanitation worker, Henry Morrison, after finding that he was guilty of failing to be at home after reporting sick on two occasions and also failing to report for a random drug test...

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"As Soon As Practicable" triggered based on possibility of the need for FMLA leave

Posted on March 20, 2009
"As Soon As Practicable" triggered based on possibility of the need for FMLA leaveSource: 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...

Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to union

Posted on March 20, 2009
Statute of limitations for filing the violation of its duty of fair representation charge commences on the day member complained to unionLevi Mcintyre And Middle Island Administrators Association, PERB U-27349The Public Employment Relations Board affirmed the decision of its ALJ that dismissed as untimely, a duty of fair representation charge filed by Levi McIntyre...

Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to Sergeant

Posted on March 19, 2009
Zone Sergeant's violation of a Division of State Police regulation and bringing discredit upon the Division justifies her demotion to SergeantMatter of Revella v Felton, 2009 NY Slip Op 01753, Decided on March 12, 2009, Appellate Division, Third DepartmentChristine A...

School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removal

Posted on March 19, 2009
School board?s statutory responsibility to call a special meeting of the district key to deciding an appeal seeking school superintendent's removalApplication of Frank W. Kolbmann for the removal of Garry F. Stone as superintendent of schools of the Holland Central School District, Decision No...

Union has authority to settle case, despite grievant?s objection

Posted on March 19, 2009
Union has authority to settle case, despite grievant?s objectionSource: 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...

NYPPL soon to be available via Amazon?s Kindle

Posted on March 19, 2009
NYPPL soon to be available via Amazon?s KindleSource: Notice from Amazon.comAccording to Amazon, "Kindle blogs are fully downloaded onto your Kindle so you can read them even when you're not wirelessly connected. And unlike RSS readers that often only provide headlines, blogs on Kindle give you full text content and images, and are updated wirelessly throughout the day...

Union?s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actions

Posted on March 18, 2009
Union?s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actionsMatter of Pfau v Public Empl. Relations Bd., 2009 NY Slip Op 29108, Decided on February 19, 2009, Supreme Court, Albany CountyAnn Pfau, as Chief Administrative Judge of the Courts of the Unified Court System of the State of New York (UCS), appealed the New York State Public Employment Relations determination the UCS was guilty of improper practice within the meaning of the Taylor Law as the result of UCS?s refusal to provide certain documents a union demanded in connection with disciplinary action being taken against an employee...

College professor employed on annual basis not entitled to unemployment over the summer

Posted on March 18, 2009
College professor employed on annual basis not entitled to unemployment over the summerReproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary action

Posted on March 18, 2009
Administrative Law Judge rules that misunderstanding rather than misconduct lead to disciplinary actionNYC Department of Sanitation against Christopher Burgos, OATH Index No. 1557/09New York City Office Of Administrative Trials And Hearings Administrative Law Judge Julio Rodriguez found that the NYC Department of Sanitation failed to prove that a Department supervisor engaged in misconduct by acting irrationally and refusing to answer his supervisors' questions regarding his duties...

Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuit

Posted on March 17, 2009
Failure to exhaust administrative remedy by not filing a contract grievance results in dismissal of terminated employee?s lawsuitMatter of Cummings v Board of Education of Sharon Springs Cent. School District, 2009 NY Slip Op 01570, 2009 NY Slip Op 01570, Appellate Division, Third DepartmentGinger Cummings was terminated from her position as a school bus driver with the Sharon Springs Central School District because ?while off duty, she purportedly created and transmitted a false e-mail document? to the District...

A board of education may require any school district or BOCES employee to submit to a medical examination to determine his or her fitness for duty

Posted on March 17, 2009
A board of education may require any school district or BOCES employee to submit to a medical examination to determine his or her fitness for dutyAppeal of D.R. from action of the Board of Education of the South Orangetown Central School District regarding a personnel matter...

Since Machiavelli's Time

Posted on March 17, 2009
Since Machiavelli's TimeJonathan G. Newell, et al. v. Susan Runnels, et al., Maryland Court of Appeals No. 48, Filed: March 13, 2009Source: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2009, All rights reserved http://lawprofessors...

Employee dismissed after being found guilty of 14 of 16 allegations of misconduct by the Civil Service Law Section 75 hearing officer

Posted on March 16, 2009
Employee dismissed after being found guilty of 14 of 16 allegations of misconduct by the Civil Service Law Section 75 hearing officeMatter of Roth v Manhasset Union Free School Dist., 2009 NY Slip Op 01807, Decided on March 10, 2009, Appellate Division, Second DepartmentJeffrey S...

The Section 207a/c Casebook- Book Review Highlight

Posted on March 16, 2009
The Section 207a/c Casebook - Book Review Highlight Source: 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...

Employee charged with misuse of employer?s e-mail for ?union election activities?

Posted on March 16, 2009
Employee charged with misuse of employer?s e-mail for ?union election activities? Department of Environmental Protection v Donas, OATH Index No. 781/09 The Department of Environmental Protection filed disciplinary charges pursuant to Section 75 of the Civil Service Law and proved that the employee improperly used his work e-mail account for union activities...

An individual may not withdraw or rescind his or her resignation without the consent of the appointing authority

Posted on March 13, 2009
An individual may not withdraw or rescind his or her resignation without the consent of the appointing authorityMatter of Lewis v State Univ. of N.Y. Downstate Med. Ctr., 2009 NY Slip Op 01802, Decided on March 10, 2009, Appellate Division, Second DepartmentState University Police Officer Robert Lewis submitted his written resignation from his position at the State University of New York Downstate Medical Center [DMC]...

Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of malice

Posted on March 13, 2009
Supervisor?s comments concerning an employee?s job performance protected by a qualified privilege absent a showing of maliceBayer v City of New York, 2009 NY Slip Op 01762, Decided on March 10, 2009, Appellate Division, Second DepartmentHank Bayer, who was employed as a plumber by the New York City Department of Education, sued the City, the Department of Education and his supervisor, Nunzio Piro, alleging, that Piro defamed him and repeatedly accused him of misconduct and insubordination...

GML §207-c proposal ruled a non-mandatorily subject of collective bargaining as it did not permit employer to make the initial benefit determination

Posted on March 13, 2009
GML §207-c proposal ruled a non-mandatorily subject of collective bargaining as it did not permit employer to make the initial benefit determinationPort Washington Police District and Port Washington Police Benevolent Association, IncDecisions of PERB Administrative Law Judge Case No...

Sending pornography via Email is misconduct and disqualifies employee for Unemployment Insurance Benefist

Posted on March 12, 2009
Sending pornography via Email is misconduct and disqualifies employee for Unemployment Insurance BenefistSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor Law

Posted on March 12, 2009
Sending an e-mail concerning an interpretation of a contract provision ruled a protected activity within the meaning of the Taylor LawNew York State Correctional Officers and Police Benevolent Association, Inc. and State Of New York (Division Of Parole) PERB Decision U-26734The Public Employment Relations Board affirmed, in part, and reversed, in part, a decision of an Administrative Law Judge with respect to an improper practice charge alleging that an employer violated §§209-a...

The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [sworn to] statement

Posted on March 12, 2009
The ?notice of claim? required Education Law § 3813[1] must be more than an e-mail or an unverified [sworn to] statementGastman v Department of Educ. of City of New York, 2009 NY Slip Op 01693, Decided on March 10, 2009, Appellate Division, First DepartmentAccording to the decision, Gastman had failed to file a timely notice of claim with the New York City Department of Education as required by Education Law §3813[1]...

Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisor

Posted on March 11, 2009
Employee terminated after refusing to sign a statement acknowledging a ?verbal warning? given to her by her supervisorMatter of Rey-calderon v Commissioner of Labor, 2009 NY Slip Op 01562, Decided on March 5, 2009, Appellate Division, Third DepartmentWanda Rey-calderon, a school bus dispatcher, for the employer reported late to work and her supervisor gave her a verbal warning and a written acknowledgment of the verbal warning for her to sign...

Arbitration does not toll requirement to administratively file charge of discrimination within 300 days

Posted on March 11, 2009
Arbitration does not toll requirement to administratively file charge of discrimination within 300 daysSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq...

Independent NYSERS Pension Fund Task Force Releases Report

Posted on March 11, 2009
Independent NYSERS Pension Fund Task Force Releases ReportSource: Office of the State ComptrollerDiNapoli: Many Reforms Already Implemented; Reforms Will ContinueNew York State Comptroller Thomas P. DiNapoli, the sole trustee of the New York State Employees' Retirement System has accepted and released the report of the Pension Fund Task Force, an independent advisory panel created in December 2007 to review the practices and policies of the New York State Common Retirement Fund (CRF), is posted on the Internet at http://www...

A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agents

Posted on March 10, 2009
A ?special relationship? tempers a municipality?s immunity from liability for discretionary actions taken by its agentsAlvarado v City of New York, 2009 NY Slip Op 01581, Decided on March 5, 2009, Appellate Division, First DepartmentLenora Alva alleged that while acting as an interpreter for the New York City Police Department during the course of an investigation into a complaint of domestic violence, she was assaulted by a knife-wielding individual who was involved in a dispute with his girlfriend...

Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment plan

Posted on March 10, 2009
Employee organization charged employer had ?direct dealing? with unit members and refused to negotiate the impact of an assessment planDutchess United Educators and Dutchess Community College - PERB determinations U-27107, U-27371The Public Employment Relations Board affirmed the decision of an ALJ dismissing two charges filed by the Dutchess United Educators...

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