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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

State Ethics Commission is not required to show an individual knowing and intentional engaged in prohibited post-public employment conduct

Posted on November 25, 2008
State Ethics Commission is not required to show an individual knowing and intentional engaged in prohibited post-public employment conductMatter of Gormley v New York State Ethics Commn., 2008 NY Slip Op 09245, decided on November 24, 2008, Court of AppealsThe issue before the Court of Appeals: Does Public Officers Law §73(18) required the New York State Ethics Commission to prove that an individual knew the alleged offending conduct was prohibited and he or she acted intentionally to violate the statute in order to impose a penalty? The Court of Appeals concluded that the Commission is not required to make such a showing...

Permanent status of police officers designated detective or investigator in jurisdictions where competitive examinations for such titles are not held

Posted on November 25, 2008
Permanent status of police officers designated detective or investigator in jurisdictions where competitive examinations for such titles are not heldMatter of Harnischfeger v Moore, 2008 NY Slip Op 08779, Decided on November 14, 2008, Appellate Division, Fourth DepartmentCivil Service Law §58(4)(c)(ii) provides in relevant part that, "[i]n any jurisdiction, other than a city with a population of one million or more ...

Filing a statutory notice of claim: the vindication of a personal interest and the vindication of a public interest distinguished

Posted on November 25, 2008
Filing a statutory notice of claim: the vindication of a personal interest and the vindication of a public interest distinguishedPalmer v Niagara Frontier Transp. Auth., 2008 NY Slip Op 08947, decided on November 14, 2008, Appellate Division, Fourth DepartmentMark Palmer sued the Niagara Frontier Transportation Authority alleging that the Authority terminated his employment in retaliation for his having advised the Authority?s employees and agents of alleged safety violations at his work site...

Procedural matters to satisfy when filing an appeal with the Commissioner of Education

Posted on November 24, 2008
Procedural matters to satisfy when filing an appeal with the Commissioner of EducationAppeal of Carl Stieffenhofer from actions of Donna Pieszala, President of the Board of Education of the Newfane Central School District, Decisions of the Commissioner of Education No...

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Representation Decisions issued by PERB

Posted on November 24, 2008
Representation Decisions issued by PERB[Source: PERB?s Recent Decisions posting on the Internet]Petition for a separate unitCivil Service Employees Association, Inc., Local 1000, and Baldwin Union Free School District, PERB Decision C-5690CSEA filed a petition seeking to represent Security Aides in a separate unit...

Administrative procedure - the authority of a successor Administrative Law Judge

Posted on November 24, 2008
Administrative procedure - the authority of a successor Administrative Law JudgeSource: Administrative Law Professor Blog. Reproduced with permission. Copyright © 2008. All rights reserved http://lawprofessors.typepad.com/adminlaw/Here is an interesting item from E...

Recent developments in Equal Employment Opportunity

Posted on November 22, 2008
Recent developments in Equal Employment OpportunitySource: EEO/iNews ? iNews Related to Equal Employment Opportunity, © 2008 John D. Sargent, Esq., All Rights Reserved. Reproduced with permission. Please direct corrections, comments, questions, subscription requests and inquiries to Mr...

A collective bargaining agreement can shorten the statute of limitations for bringing a breach of contract action set by law

Posted on November 21, 2008
A collective bargaining agreement can shorten the statute of limitations for bringing a breach of contract action set by lawSheriff Officers Assn. Inc. v County of Nassau, 2008 NY Slip Op 52288(U), decided on October 7, 2008, Supreme Court, Nassau County, Justice Edward W...

Violating of the terms of a disciplinary probationary settlement

Posted on November 21, 2008
Violating of the terms of a disciplinary probationary settlementPagan v Board of Educ. of the City School Dist. of the City of New York, 2008 NY Slip Op 08993, Decided on November 18, 2008, Appellate Division, First DepartmentYvonne Pagan, while serving a disciplinary probationary period, was summarily dismissed for violating the terms and conditions of the probationary settlement agreement...

Serious weaknesses alleged in Pennsylvania?s Civil Service Commission?s Veterans? Preference Program

Posted on November 21, 2008
Serious weaknesses alleged in Pennsylvania?s Civil Service Commission?s Veterans? Preference ProgramSource: Pennsylvania Department of the Auditor GeneralAuditor General Jack Wagner's Audit has found ?Serious weaknesses in Pennsylvania?s State Civil Service Commission's Veterans' Preference Program...

Reinstating an employee to his former position after being found guilty of disciplinary charges ruled irrational under the circumstances

Posted on November 20, 2008
Reinstating an employee to his former position after being found guilty of disciplinary charges ruled irrational under the circumstancesMatter of Social Services Employees Union, Local 371 v City of New York Administration for Children's Services, 2008 NY Slip Op 08979, Decided on November 18, 2008, Appellate Division, First DepartmentIn this appeal, the Appellate Division vacated a Supreme Court?s confirmation of a disciplinary grievance arbitration award that Local 371 had asked the lower court to confirm...

Employee docked 20 days of vacation credit as the penalty for being AWOL

Posted on November 20, 2008
Employee docked 20 days of vacation credit as the penalty for being AWOLMatter of Bland v Kelly, 2008 NY Slip Op 08987, decided on November 18, 2008, Appellate Division, First DepartmentNew York City Police Commissioner Raymond W. Kelly found Venisia Bland guilty of being absent from two assignments at a ?high-security post? without permission or police necessity...

State and local government: contracts and expenditures databases

Posted on November 20, 2008
State and local government: contracts and expenditures databasesSource: Office of the State ComptrollerOpen Book New York (http://www.openbooknewyork.com/) is an easy-to-use Web site that allows the public unprecedented access to the financial information of state and local governments...

New Rules providing for the scheduling, adjourning and conduct of administrative hearings to consider retirement matters proposed

Posted on November 19, 2008
New Rules providing for the scheduling, adjourning and conduct of administrative hearings to consider retirement matters proposedSource: NYS Register - November 19, 2008A new hearing procedure to consider appeals of administrative decisions involving retirement issues has been proposed...

Your thoughts concerning the potential impact of a recession on attorneys and law firms requested by ABA Journal

Posted on November 19, 2008
Your thoughts concerning the potential impact of a recession on attorneys and law firms requested by ABA JournalThe American Bar Association Journal is surveying attorneys for their views concerning the job market and the current state of the economy...

Probationary employee's termination grievance cannot be submitted to arbitration unless CBA specifically so provides

Posted on November 19, 2008
Probationary employee's termination grievance cannot be submitted to arbitration unless CBA specifically so providesIn the Matter of the Application of County of Cattaraugus v Thomas Nuss, 2008 NY Slip Op 28446, Decided on November 7, 2008, Supreme Court, Cattaraugus County, Justice Larry M...

School Board?s attempt to discipline teachers for protesting the closing of schools held to violate the teachers? First Amendment rights

Posted on November 19, 2008
School Board?s attempt to discipline teachers for protesting the closing of schools held to violate the teachers? First Amendment rightsConn and Miller v Board of Education, City of Detroit, Federal District Court, Eastern District of Michigan, Southern Division, Docket No...

FMLA Usage And Percentage Absenteeism Rate Attendance Policies: Be Careful

Posted on November 19, 2008
FMLA Usage And Percentage Absenteeism Rate Attendance Policies: Be CarefulSource: The FMLA Blog - Copyright © 2008. 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...

Governor Paterson?s Special Session Proposal to increase the cost of health insurance for retirees and their dependents

Posted on November 18, 2008
Governor Paterson?s Special Session Proposal to increase the cost of health insurance for retirees and their dependentsSource: Press release from the Division of the BudgetA press release issued by the Division of the Budget states that among the proposals that the Governor wishes the State Legislature to consider in a Special Session are provisions that would amend the Civil Service Law to reduce the State's reimbursement to State workers and retirees for their Medicare premium charges (Part E set out below) and an amendment to the Civil Service Law with respect to the contributions for health insurance coverage that would be required from new retired state employees (Part F set out below)...

Employee dismissed without a hearing after violating the terms of her disciplinary probation agreement

Posted on November 18, 2008
Employee dismissed without a hearing after violating the terms of her disciplinary probation agreementMatter of Bradford v New York City Dept. of Correction, 2008 NY Slip Op 08530, decided on November 13, 2008, Appellate Division, First DepartmentStephanie Bradford was dismissed from her position with the New York City Department of Corrections without a hearing on the grounds that she had violated the terms of a disciplinary probationary period...

Fragmentation of a collective bargaining unit

Posted on November 18, 2008
Fragmentation of a collective bargaining unitWestchester Community College Staff Union, County Of Westchester, Westchester Community College And Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO, Westchester County Local 860, PERB Decision C-5695Employees jointly employed by the County of Westchester and Westchester Community College were fragmented from a unit of employees otherwise employed solely by the County, the joint employer relationship being sufficient to warrant the fragmentation and the petitioner determined to be an employee organization as no specific indicia of employee organizational status is required...

Applying for disability retirement benefits

Posted on November 18, 2008
Applying for disability retirement benefitsDecisions by the Appellate Division reported on November 13, 2008According to Comptroller's 2008 Comprehensive Annual Financial Report for New York State Common Retirement Fund, during the 2007 calendar year 143 members of the State?s Police and Fire Retirement System and 798 members of the State?s Employees Retirement System applied for some form of disability retirement ? ordinary disability retirement; performance of duty disability retirement; or accidental disability retirement...

Governor Paterson?s Special Session Proposal to increase the cost of health insurance for retirees and their dependents

Posted on November 17, 2008
Governor Paterson?s Special Session Proposal to increase the cost of health insurance for retirees and their dependentsSource: Press release from the Division of the BudgetA press release issued by the Division of the Budget states that among the proposals that the Governor wishes the State Legislature to consider in a Special Session are provisions that would amend the Civil Service Law to reduce the reimbursement to State workers and retirees for their Medicare premium charges (Part E set out below) and an amendment to the Civil Service Law with respect to the contributions for health insurance coverage that would be required from new retired state employees (Part F set out below)...

Police officer disciplined for deliberately ignoring criminal activity

Posted on November 17, 2008
Police officer disciplined for deliberately ignoring criminal activityMatter of Elias v Kelly, 2008 NY Slip Op 08522, Decided on November 13, 2008, Appellate Division, First DepartmentNew York City Police Officer Lou-Ann Elias was found guilty of engaging in prohibited conduct by deliberately exhibiting ?ignorance of the criminal activity...

Recent ADA decisions by Federal Circuit Courts of Appeal addressing "driving" as a major life activity and "sleep apena"

Posted on November 17, 2008
Recent ADA decisions by Federal Circuit Courts of Appeal addressing "driving" as a major life activity and "sleep apena"Source: Findlaw ? A Thomson Company, Copyright ©2008 by Findlaw, redistributed with permission. For subscription information go to: http://newsletters...

Employer not required to provide union with the work e-mail addresses of its employees

Posted on November 17, 2008
Employer not required to provide union with the work e-mail addresses of its employeesProfessional Staff Congress, AFT Local 2334 and City University Of New York, PERB Decision U-27641City University did not violate the Taylor Law when it refused to provide the Professional Staff Conference with email addresses for employees at work...

Book Review Highlight-Heinsz, Nolan and Bales LABOR LAW

Posted on November 17, 2008
Book Review Highlight-Heinsz, Nolan and Bales LABOR LAW (6th ed. 2009)Source: Adjunct Law Prof Blog; Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved http://lawprofessors...

United States Supreme Court to rule on State's ban on use of union fees for political activity

Posted on November 17, 2008
United States Supreme Court to rule on State's ban on use of union fees for political activityYsursa v. Pocatello Education Association, USSC No. 07-869 [Arguments heard November 3, 2008]The State of Iowa?s Voluntary Contributions Act barred school districts and other local governmental entities from permitting employees to authorize voluntarily deductions from their paychecks for political causes such as for an employee organization?s political action fund...

Increasing the compensation of judges

Posted on November 16, 2008
Increasing the compensation of judgesMatter of Maron v Silver, 2008 NY Slip Op 08573, Decided on November 13, 2008, Appellate Division, Third DepartmentThe compensation of current and former justices of various courts of the Unified Court System have not been increased since January 1, 1999...

New Final DOL Regulations are Avalable Now!

Posted on November 15, 2008
New Final DOL Regulations are Avalable Now!Source: The FMLA Blog ? http://federalfmla.typepad.com/fmla_blog/ Copyright © 2008. 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...

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