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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

Misuse of an agency?s computers

Posted on November 03, 2008
Misuse of an agency?s computersBedford v Raymond W. Kelly, as Police Commissioner, 2008 NY Slip Op 08272, Decided on October 30, 2008, Appellate Division, First DepartmentTinel Bedford, an employee of the New York City Police Department, was served with disciplinary charges alleging that he had utilized Police Department computers for a non-Department use and that he failed to properly supervise members of the service subordinate to him...

Unclaimed funds under the Abandoned Property Law

Posted on November 03, 2008
Unclaimed funds under the Abandoned Property LawSource: Press Release by the State ComptrollerThe State?s Abandoned Property Law requires banks, insurance companies, utilities, and other businesses to turn dormant savings accounts, unclaimed insurance and stock dividends, and other inactive holdings over to the State...

Stay of Labor Arbitration Denied

Posted on November 03, 2008
Stay of Labor Arbitration DeniedSource: 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...

Individual rather than the court responsible for identifying the ?cause of action?

Posted on October 31, 2008
Individual rather than the court responsible for identifying the ?cause of action?Zimmer v Secretary of Department of Homeland Security, USCA, 3rd Circuit, Docket #08-1590, October 22, 2008 [not precedential]Lawrence Zimmer appealed an order by the United States District Court for the Middle District of Pennsylvania, that dismissed his employment discrimination complaint "for failing to state a claim upon which relief may be granted pursuant to 28 U...

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What public employers are public corporations?

Posted on October 31, 2008
What public employers are public corporations?Question from a readerA reader asks what is meant when an item refers to a public employer as a ?public corporation??Typically, when the State is the employer, the term ?State? is used. When discussing the personnel of "a political subdivision of the State,? the entity involved is a county, town, village, school district or a similar ?public employers...

Use of profanity toward a supervisor

Posted on October 31, 2008
Use of profanity toward a supervisorHealth & Hospitals Corp. (North Bronx Healthcare Network) v. Wolfe, OATH Index No. 2844/08Evidence at the hearing established that a hospital service aide used profanity toward his supervisor and asked him to "step outside...

Claiming Eleventh Amendment immunity

Posted on October 30, 2008
Claiming Eleventh Amendment immunityBurrus v State Lottery Commission of Indiana, USCA 7th Circuit, Docket #08-1142In Edelman v. Jordan, 415 U.S. 651, the United State Supreme Court held that an unconsenting State, together with state agencies, as arms of the state, are immune from lawsuits brought in federal courts by her own citizens as well as by citizens of another State...

Independent contractions are not to be placed on the payroll

Posted on October 30, 2008
Independent contractions are not to be placed on the payrollSource: Audit Report issued by the State ComptrollerIn reviewing internal controls over selected financial activities of the Washington-Saratoga-Warren-Hamilton-Essex BOCES, the Comptroller found that although the BOCES had established procedures that were designed to help distinguish employees from independent contractors, the procedures were not uniformly applied...

Three strikes and you are out when prosecuting a federal civil rights claim pursuant to 42 USC 1983

Posted on October 30, 2008
Three strikes and you are out when prosecuting a federal civil rights claim pursuant to 42 USC 1983 Coleman v Harris et al, USCA 5th Circuit, No. 07-11174 [Unpublished]Alvin Coleman, while incarcerated in a prison, sued, contending he had been subjected to ?retaliatory disciplinary? by prison officials...

Forging a medical note to excuse absence

Posted on October 30, 2008
Forging a medical note to excuse absenceAdmin. for Children's Services v. Murray, OATH Index No. 2515/08A clerical associate admitted forging a doctor's note to excuse a three-day absence after he was involved in a car accident. Noting that falsifying medical documents constitutes serious misconduct, ALJ John Spooner recommended termination, despite the employee's forthright admission and acknowledgment of his wrongful behavior...

Residence requirements for public officers

Posted on October 29, 2008
Residence requirements for public officersInformal Opinions of the Attorney General 2008-10Public Officers Law §3 generally requires that a public officer reside in the political subdivision or municipality in which he or she holds such public office, i...

New York State Common Retirement Fund in good shape despite downturn in stock markets

Posted on October 29, 2008
New York State Common Retirement Fund in good shape despite downturn in stock marketsSource: Office of the State Comptroller Press ReleaseState Comptroller Thomas P. DiNapoli reports that the value of the New York State Common Retirement Fund (Fund) has fallen an estimated 20 percent since April 1, 2008...

College Professor Loses Title VII Case

Posted on October 29, 2008
College Professor Loses Title VII CaseSource: 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...

Employees and retirees covered by a health insurance plan must be advised of changes

Posted on October 29, 2008
Employees and retirees covered by a health insurance plan must be advised of changesOrth v Wisconsin State Employees Union Council 24 et al, USCA 7th Circuit, Docket # 07-2778.A collective bargaining agreement between the employer (Council 24 of the Wisconsin State Employees Union) and the union that represented Mr...

Responding to a 911 call without superior?s approval

Posted on October 29, 2008
Responding to a 911 call without superior?s approvalDep't of Environmental Protection v. Nuccio, OATH Index Nos. 2360/08 & 2361/08Two environmental police officers were charged with insubordination when they responded to a 911 call without obtaining prior approval from a supervisor as required by a Department ruleWhile on patrol, the two officers received a 911 call regarding a domestic dispute and proceeded to the scene...

The duties and responsibilities of the position control with respect its classification and allocation to a salary grade

Posted on October 28, 2008
The duties and responsibilities of the position control with respect its classification and allocation to a salary gradeMatter of Civil Service Employees Association, Inc., Local 1000, AFSCME, AFL-CIO v State of New York Unified Court System, 2008 NY Slip Op 08043, decided on October 22, 2008, Appellate Division, Third DepartmentFollowing the reallocation of positions previously titled "Hearing Examiner" to ?Support Magistrates, JG-31? and the adoption of a new title standard, individual Support Magistrates and the labor union representing them [petitioners], commenced a proceeding seeking to rescind the allocation of the title to JG-31, and place the Support Magistrate title in a higher salary grade -- JG-33...

Probationary employee terminated for alleged misuse of sick leave

Posted on October 28, 2008
Probationary employee terminated for alleged misuse of sick leaveCurcio v New York City Dept. of Education, 2008 NY Slip Op 08020, decided on October 23, 2008, Appellate Division, First DepartmentThe New York City Department of Education dismissed a probationary physical education teacher, Louis Curcio, from his position and simultaneously reemployed him as a tenured teacher under his common branch license...

NYSHIP recovers more than $9 million dollars paid for inflated medical claims

Posted on October 28, 2008
NYSHIP recovers more than $9 million dollars paid for inflated medical claimsOffice of the State Comptroller: Press ReleaseState Comptroller Thomas P. DiNapoli has issued a press release indicating that more than $9 million has been recovered from non-participating medical providers charged with abusing the New York State Health Insurance Program...

Sanctions ordered after lawsuit filed pursuant to the Freedom of Information Law ruled frivolous

Posted on October 27, 2008
Sanctions ordered after lawsuit filed pursuant to the Freedom of Information Law ruled frivolousMatter of Fenstermaker v Edgemont Union Free School Dist., 2006 NY Slip Op 52652(U), Decided on September 26, 2006, Supreme Court, Westchester County, Loehr, J...

2nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VII

Posted on October 27, 2008
2nd Circuit Holds Sexual Orientation Discrimination Is Not Actionable Under Title VIISource: 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...

Dismissal recommended for supervisor guilty of sexual harassment and threatening retaliation

Posted on October 27, 2008
Dismissal recommended for supervisor guilty of sexual harassment and threatening retaliationDep't of Education v. Brust, OATH Index No. 2280/07ALJ Joan Salzman recommended termination of employment for a school custodian engineer found to have sexually harassed a female secretary and threatened retaliation against her for filing a complaint...

Employee terminated after being found guilty of failing to follow proper procedure

Posted on October 24, 2008
Employee terminated after being found guilty of failing to follow proper procedureMatter of Thomas v County of Rockland, Dept. of Hosps., 2008 NY Slip Op 07924, Decided on October 14, 200, Appellate Division, Second DepartmentAnnamma Thomas was employed as a registered nurse at the Summit Park Hospital of the Rockland County Department of Hospitals...

Action by the Commission on Judicial Conduct to remove a judge from office

Posted on October 24, 2008
Action by the Commission on Judicial Conduct to remove a judge from officeMatter of LaBombard, 2008 NY Slip Op 07990, Decided on October 23, 2008, Court of AppealsThe New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining the penalty to be imposed...

Making false statements to a department investigator

Posted on October 24, 2008
Making false statements to a department investigator Foster v Kelly, 2008 NY Slip Op 07960, Decided on October 21, 2008, Appellate Division, First DepartmentNew York City Police Department Commissioner Raymond Kelly dismissed New York City Police Officer Carlton Foster from his position after Foster was found guilty of making false and misleading statements to Department investigators and attempted to influence the testimony of a witness in an official investigation...

Employee charged with being disrespectful to another

Posted on October 24, 2008
Employee charged with being disrespectful to anotherHealth & Hospitals Corp. (Metropolitan Hospital Center) v. McCaskey, OATH Index No. 2195/08ALJ Faye Lewis recommended dismissal of a charge that a special officer was disrespectful to a doctor in a psychiatric emergency room when he remarked "You're trying to kill me today"...

Questions concerning the prosecution of grievances and whether the compliant is grievable is for the arbitrator to resolve

Posted on October 23, 2008
Questions concerning the prosecution of grievances and whether the compliant is grievable is for the arbitrator to resolveMatter of Hartsdale Fire Dist. v Greenburgh Uniform Firefighters Assn., Inc., Local 1586, IAFF, AFL-CIO, 2008 NY Slip Op 07911, decided on October 14, 2008, Appellate Division, Second DepartmentThe collective bargaining agreement between the Hartsdale Fire District and the Greenburgh Uniform Firefighters Association contained a broad arbitration clause providing for the arbitration of disputes "concerning the meaning, application or interpretation of this Agreement, which remains unresolved after presentation to, and processing through the grievance procedure...

New York City Transit Authority subject to local laws that do not interfere with its providing transportation

Posted on October 23, 2008
New York City Transit Authority subject to local laws that do not interfere with its providing transportationTang v New York City Tr. Auth., 2008 NY Slip Op 07903, decided on October 14, 2008, Appellate Division, Second DepartmentKim Tang sued the NYC Transit Authority to recover damages for alleged retaliation by the Transit Authority in violation of the New York City Administrative Code barring unlawful discrimination...

Union rather than officers or board members to acknowledge it does not assert the right to violate the Taylor Law

Posted on October 22, 2008
Union rather than officers or board members to acknowledge it does not assert the right to violate the Taylor LawNew York City Tr. Auth. v Transport Workers Union of Am., AFL-CIO, 2008 NY Slip Op 07887, decided on October 14, 2008, Appellate Division, Second DepartmentSupreme Court [see 18 Misc...

The filing of a timely a notice of claim -- a ?condition precedent? when suing a school district ? must be pleaded in the complaint

Posted on October 22, 2008
The filing of a timely a notice of claim -- a ?condition precedent? when suing a school district ? must be pleaded in the complaintMunro v Ossining Union Free School Dist., 2008 NY Slip Op 07886, decided on October 14, 2008, Appellate Division, Second DepartmentDianne Munro was employed as the Purchasing and Accounts Payable Manager by Ossining Union Free School District...

Correction officer trainee dismissed after failing to keep his beard trimmed

Posted on October 22, 2008
Correction officer trainee dismissed after failing to keep his beard trimmedVales v State of New Jersey, CA3, No. 07-2971, opinion filed August 12, 2008 [marked ?Not Precedential? and not published]Juan Valdes, a former corrections officer trainee, was discharged from the New Jersey Department of Corrections Officer Training Program for failing to keep his beard within a one-eighth inch allowance granted to him by the Academy as an accommodation of his religious obligations as a Muslim...

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