Labor & Employment Law

Commissioner distinguishes between positions in the Unclassified Service and the Classified Service in determining an employee?s tenure status

Posted on September 05, 2008
Commissioner of Education distinguishes between positions in the Unclassified Service and the Classified Service in determining an employee?s tenure statusAppeal of Kristine deVente and Jocelyne Jesenof from action of the Broome-Delaware-Tioga Board of Cooperative Education Services, Jennifer Mondolfi and Mary Jo Rankin, regarding termination of employment, Decisions of the Commissioner of Education, Decision No...

Employee found guilty of willingly taking part in a fight

Posted on September 05, 2008
Employee found guilty of willingly taking part in a fightDep't of Consumer Affairs v. Wilson, OATH Index No. 1402/08* An inspector was charged with striking and directing profanity at a supervisor. Citing to prior precedent, administrative law judge Tynia Richard found that even though the supervisor may have initiated the physical confrontation, this alone does not preclude the inspector from being disciplined for willingly taking part in the fight...

Employee found guilty of leaving an inappropriate voicemail message

Posted on September 05, 2008
Employee found guilty of leaving an inappropriate voicemail messageDep't of Finance v. Anderson, OATH Index No. 1485/08* Tax auditor was found to have left a discourteous and inappropriate voicemail message for a taxpayer. Although the agency sought termination, administrative law judge Zorgniotti found termination to be too severe and recommended a 45-day suspension...

Financial investment data concerning public official's spouse subject to disclosure pursuant to the Freedom of Information Law

Posted on September 04, 2008
Financial investment data concerning public official's spouse subject to disclosure pursuant to the Freedom of Information LawMatter of Humane Socy. of United States v Fanslau, 2008 NY Slip Op 06681, Decided on August 28, 2008, Appellate Division, Third DepartmentIn Capital Newspapers Div...

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REMINDER Only a Registered Reader

Posted on June 27, 2008
REMINDER Only a Registered Reader will have to access New York Public Personnel Law either directly or via a "feed" after today. The annual registration fee is $120 plus New York State and Local Sales Taxes if yours is not a tax-exempt organization.To register, send the following information to publications@nycap...

TO ALL READERSEffective July 1,

Posted on June 27, 2008
TO ALL READERSEffective July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law. Registration is limited to the first 100 applications received from an individual or organization asking to become a Registered Reader. The annual registration fee is $120 plus New York State and Local Sales Taxes if yours is not a tax-exempt organization...

REMINDER Effective July 1, 2008,

Posted on June 26, 2008
REMINDER Effective July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law either directly or via a "feed." This site is now scheduled to be deactivated on June 28, 2008. Upon reactivation only "Registered Readers" will be able to access this web site...

Focus of cases summarized January - June 2008

Posted on June 25, 2008
REMINDER: Commencing July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law NOTICEEffective July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law either directly or via a "feed" as it is now scheduled to be deactivated on June 28, 2008...

REMINDER: Commencing July 1, 2008,

Posted on June 24, 2008
REMINDER: Commencing July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law NOTICE Effective July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law [Published since 2006, the quarterly index of topics covered and cases summarized since April 1, 2008 is set out below...

REMINDER: Commencing July 1, 2008, you must be a Registered Reader to access New York Public Personnel Law

Posted on June 23, 2008
NOTICE Effective July 1, 2008, you must be a Registered Reader to access New York Public Personnel LawThe index of the subject of cases summarized since April 1, 2008 is set out below. The annual registration fee is $120 plus New York State and Local Sales Taxes if yours is not a tax-exempt organization...

Only Registered Reader may access New York Public Personnel Law

Posted on June 22, 2008

Teachers convicted of sex crimes will lose NYS teaching license

Posted on June 20, 2008
Teachers convicted of sex crimes will lose NYS teaching licenseAssembly Bill 11500-A -- Senate Bill 8553 Legislation providing for the automatic revocation of a teaching certificate held by any school official convicted of a sex offense has been passed by the New York State Assembly and the New York State Senate...

Teacher looses first amendment claim, but there would be a cause of action if she was terminated because of her association with her husband

Posted on June 20, 2008
Teacher looses first amendment claim, but there would be a cause of action if she was terminated because of her association with her husbandSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H...

Reinstatement following layoff focuses on tenure rights

Posted on June 20, 2008
Reinstatement following layoff focuses on tenure rightsChauvel v. Nyquist, 55 AD2 76, affd., 43 NY2 48) Does ?greater system-wide service? control situations involving layoff of teachers, or is it seniority in corresponding or similar positions that determines which person is to be offered an open teaching position first? Where the performance of duties of the open position is unquestionably ?similar? to those of the abolished positions, the teacher having the greater seniority in the performance area, not in the employing school district itself, is to receive the appointment...

The Discipline Book

Posted on June 20, 2008
The Discipline Book ? an electronic handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees ? is now available from the BookLocker. If you win, or better yet, avoid, one lawsuit or grievance based on information found in The Discipline Book you probably will save many times its price...

U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations Act

Posted on June 19, 2008
U.S. Court of Appeals, Third Circuit, holds employee of the county not covered by the Labor Management Relations ActVeatch v Allegheny County Bureau of Correction and SEIV, CA Third Circuit, 07-3005, Decided May 23, 2008 Alleging violations of the Labor Management Relations Act [LMRA], Regis Veatch sued his former employer, the Allegheny County Bureau of Corrections, following his termination for misconduct...

Governor appoints Waterfront Commission?s Inspector General

Posted on June 19, 2008
Governor appoints Waterfront Commission?s Inspector GeneralExecutive Order 5 Governor David A. Paterson, by Executive Order, has appointed Joseph Fisch to the position of Inspector General of the Waterfront Commission of New York Harbor. Fisch replaces Dennis E...

Summaries of recent Informal Opinions of the Attorney General

Posted on June 19, 2008
Summaries of recent Informal Opinions of the Attorney General[Access the full opinion by clicking on the number of the opinion] Informal Opinion 2008 - 5 Members of the city board of ethics are city officers and thus by virtue of Education Law § 2502(7), may not simultaneously serve on the school district board of education...

Financial Management Plans posted by State Departments and Agencies

Posted on June 19, 2008
Financial Management Plans posted by State Departments and AgenciesNYS Division of the BudgetThe Division of the Budget (DOB) posted 16 additional approved Financial Management Plans submitted by executive commissioners in response to Governor Paterson?s call for a 3...

Safety Training for employees working on public works contracts

Posted on June 18, 2008
Safety Training for employees working on public works contractsSection 220-h of the New York State?s Labor Law Section 220-h of the State?s Labor Law takes effect on July 18, 2008. It mandates that the advertised specifications for public works contracts published by a state or municipality estimated to cost $250,000 or more include a requirement that laborers, workers and mechanics to be employed in the performance of the contract have successfully completed at least a 10-hour course in construction safety and health approved by the United States Department of Labor's Occupational Safety and Health Administration...

8th Circuit Holds Evidence of Prior Discrimination Lawsuit Against Prior Employer Not Admissible

Posted on June 18, 2008
8th Circuit Holds Evidence of Prior Discrimination Lawsuit Against Prior Employer Not AdmissibleSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/ Reproduced with permission. Copyright © 2008, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St...

Payroll deductions

Posted on June 18, 2008
Payroll deductionsMatter of Westchester County Correction Officers Benevolent Association, 33 PERB 3025 Although a "letter ruling" by the Internal Revenue Service advised the employer that it had the discretion to withhold income tax from the wages of individuals on workers' compensation leave or receiving benefit pursuant to Section 207-c of the General Municipal Law bi-weekly and reimburse the employee for such deductions annually or elect not to make such deductions, it was an improper practice for the employer to change its procedure from not making such deductions to making bi-weekly deductions without first negotiating the change with the employee organization even where the claim for such benefits was controverted by the employer since the exercise of discretion is generally subject to a duty to bargain...

Barring a former employee from property

Posted on June 18, 2008
Barring a former employee from propertyToussaint v Local 100, TWU, CA2, U.S. App. LEXIS 16257May an employer prohibit an individual it has dismissed from entering its property? The Second Circuit Court of Appeals ruled the employer may prohibit such an individual from entering its non-public areas...

Credibility of witness

Posted on June 18, 2008
Credibility of witnessSaunders v City of New York, App. Div., First Dept., 273 A.D.2d 103, motion for leave to appeal denied, 95 N.Y.2d 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...

Scope of arbitration

Posted on June 17, 2008
Scope of arbitrationRichfield Springs CSD v Allen, App. Div., Third Department 270 A.D.2d 734 Changes in health insurance benefits may be initiated by a third party that actually provides the benefit. Does an employee organization have any right to challenge a unilateral change in the health insurance plan made by the "third party?" This was the major issue in Richfield Springs, a case that essentially explores the issue of the scope of arbitration under a Taylor Law agreement...

Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retiree

Posted on June 17, 2008
Court hold that the terms of a collective bargaining agreement permits employee organization to demand arbitration of a grievance on behalf of retireesMatter of City of Niagara Falls v Niagara Falls Police Club, Inc., 2008 NY Slip Op 05459, Decided on June 13, 2008, Appellate Division, Fourth Department The City of Niagara Falls resisted efforts by the Niagara Falls Police Club to submit a grievance concerning healthcare benefits for retired police officers to arbitration...

Termination of a probationer

Posted on June 17, 2008
Termination of a probationerMennella v Uniondale UFSD, Comm. Ed. Decision 14245 The Uniondale Union Free School District appointed Vincenza Mennella as its Dean of Students effective September 1, 1998. The appointment was subject to a three-year probationary period...

Changing the terms and conditions of employment

Posted on June 17, 2008
Changing the terms and conditions of employmentPublic Employees Federation v State of New York, 33 PERB 3024 The fact that earlier executive orders did not specifically direct employees to report incidents involving criminal activity such as fraud and corruption under threat of disciplinary action for non-compliance now set out in newly promulgated executive orders does not constitute evidence of a change in the terms and conditions of employment subject to mandatory collective bargaining...

Joint employers

Posted on June 17, 2008
Joint employersPutnam County Sheriff's OMA v Putnam County, 33 PERB 3001 Who is the employer of the personnel serving with the Putnam County Sheriff's Department? Putnam County contended that the county is the sole employer of Sheriff's Department personnel while the Sheriff argued that he and the county were "joint employers" of these employees...

Drafting disciplinary charges

Posted on June 16, 2008
Drafting disciplinary chargesFella v County of Rockland, App. Div., 2nd Dept., 297 A.D.2d 813 How important it to properly draft disciplinary charges? According to the Appellate Division, even in situations where discipline may be warranted, the failure to properly word the charges and specifications may be fatal to the employer's attempt to discipline an employee...

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