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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 vacated as too harsh

Posted on March 07, 2008
Disciplinary penalty vacated as too harshLagala v NYC Police Dept., App. Div., 1st Dept., 286 A.D.2d 205; Motion for leave to appeal denied, 97 N.Y.2d 605 Courts have consistently ruled that an administrative disciplinary penalty imposed on an individual must be upheld "unless it shocks the judicial conscience and, therefore, constitutes an abuse of discretion as a matter of law...

Disciplinary hearing procedures

Posted on March 07, 2008
Disciplinary hearing proceduresVazquez v NYC Civil Service Commission, Supreme Court New York County, 2002 N.Y. Slip Op. 50076(U); 2002 N.Y. Misc. LEXIS 95 The Vazquez cases required the court to consider a number of issues, some rather rarely encountered, involving the processing disciplinary actions pursuant to Section 75 of the Civil Service Law...

Idaho Supreme Court: E-mails between

Posted on March 07, 2008
Idaho Supreme Court: E-mails between government workers are public documents Cowles Publishing Co. v Kootenai County Board of Supervisors, 2007 Opinion No. 74 Filed: May 4, 2007 The Idaho Supreme Court ruled that e-mail between government employees is public record...

Only ?matters in dispute? may be considered by a Taylor Law ?Interest Arbitration Panel

Posted on March 06, 2008
Only ?matters in dispute? may be considered by a Taylor Law ?Interest Arbitration Panel Matter of Buffalo Professional Firefighters Assn., Inc., Local 282, IAFF, AFL-CIO-CLC v Masiello, 2008 NY Slip Op 00861, Appellate Division, Fourth Department, Decided on February 1, 2008The collective bargaining agreement between the Union representing City of Buffalo Firefighters, and the City of Buffalo expired on June 30, 2002...

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Inappropriate, unprofessional behavior results in a 45-day suspension without pay

Posted on March 06, 2008
Inappropriate, unprofessional behavior results in a 45-day suspension without payMatter of Rosenblatt v New York City Administration for Children?s Services, 2007 NY Slip Op 04042, Decided on May 10, 2007, Appellate Division, First DepartmentCheryl Rosenblatt, was employed as a caseworker by the New York City Administration for Children?s Services...

Civil Service Commission overturns applicant?s disqualification for appointment

Posted on March 06, 2008
Civil Service Commission overturns applicant?s disqualification for appointment Matter of City of New York v New York City Civil Service Commission, 2007 NY Slip Op 04045, decided on May 10, 2007, Appellate Division, First DepartmentNew York City had disqualified William Rodriguez for appointment to the City?s police force on the grounds that he was ?psychologically disqualified from being a police officer...

Involuntary testing for drugs

Posted on March 06, 2008
Involuntary testing for drugsDiCicco v Wyandanch Volunteer Fire Dept., App. Div., Second Dept., 284 A.D.2d 459The Appellate Division, 2nd Department, upheld the Wyandanch Volunteer Fire Department's [WVF] terminating Thomas DiCicco from membership in the Department because he refused to submit to a drug test within 24 hours of his being notified to undergo such a test pursuant to the WVF's random drug-testing policy...

Police officer terminated after being found guilty of insubordination

Posted on March 06, 2008
Police officer terminated after being found guilty of insubordination DiLauria v Town of Harrison, App. Div., Second Dept., 285 A.D.2d 464Harrison police officer Steven DiLauria was terminated from his position after being found guilty of insubordination following a disciplinary hearing...

Challenging a change in the work schedule

Posted on March 06, 2008
Challenging a change in the work scheduleIn the Arbitration between Sullivan County and Teamsters Local 445, App. Div., 3rd Dept 294 A.D.2d 640This decision sets out the history of a series of decisions by the employer that the union challenged as violating the collective bargaining agreement...

Using video tapes in disciplinary actions

Posted on March 06, 2008
Using video tapes in disciplinary actionsTran v New Rochelle Hospital Medical Center, App. Div., 1st Dept., 291 A.D.2d 121The availability of video cameras for employee surveillance is becoming an important issue in terms of employee privacy and the expectations of employees to privacy at the worksite...

Volunteer does not have right to administrative due process upon termination

Posted on March 05, 2008
Volunteer does not have right to administrative due process upon terminationMatter of Watkins v New York City Dept. of Educ., 2008 NY Slip Op 01627, Appellate Division, First Department, Decided on February 26, 2008Edward Watkins sued the New York City Department of Education after it placed him on its Ineligible/Inquiry List after finding that he had engaged in inappropriate and extensive telephone contact with four female students while serving as a volunteer coach for a girls' basketball team at a public high school...

Demand for arbitration

Posted on March 05, 2008
Demand for arbitrationCayuga County Community College v Faculty Association, App. Div., Fourth Dept., 283 A.D.2d 993Among the arguments advanced by the Cayuga County Community College in its effort to obtain a stay of arbitration of a grievance filed by the Faculty Association was that "public policy prohibits the parties from arbitrating the instant dispute...

Disqualifying an applicant for appointment by a civil service commission

Posted on March 05, 2008
Disqualifying an applicant for appointment by a civil service commissionMatter of Murray v County of Nassau Civil Service Commission, 2007 NY Slip Op 50927(U), Supreme Court, Nassau County, James P. McCormack, J.The Nassau Civil Service Commission disqualified Sandor Murray for employment as a Nassau County Police Officer...

Forfeiting leave as a disciplinary penalty

Posted on March 05, 2008
Forfeiting leave as a disciplinary penaltySanders v Safir, App. Div., First Dept., 284 A.D.2d 163An employee is discourteous to his or her superior. What would be an appropriate disciplinary penalty for such an offense? The Appellate Division did not have any difficulty in sustaining a penalty requiring New York City police officer Eric Sanders to forfeit 15 days of his vacation accruals after he was found guilty of disciplinary charges alleging "discourtesy to a police sergeant...

Confirming an arbitrator's award

Posted on March 05, 2008
Confirming an arbitrator's awardCSEA v Nassau County, App. Div., Second Dept., 284 A.D.2d 532CSEA filed an Article 75 action seeking to confirm an arbitrator's award holding that Nassau County had violated a Taylor Law contract clause dealing with maintaining safe working conditions...

Unemployment insurance benefits denied teacher who resigned following harassment by students

Posted on March 04, 2008
Unemployment insurance benefits denied teacher who resigned following harassment by studentsMatter of Viera v City School Dist. of City of New York, 2008 NY Slip Op 01273, Appellate Division, Third Department, Decided on February 14, 2008Marianne L. Wilson Viera worked as an eighth grade English teacher at a school in New York City...

Objection to suspension without pay for more than 30 days must be timely

Posted on March 04, 2008
Objection to suspension without pay for more than 30 days must be timelyMatter of Marc Dorsey v Coleman, 2007 NY Slip Op 03821, Appellate Division, Third Department, Decided on May 3, 2007Marc Dorsey was employed as a police officer with the Village of Altamont, Albany County...

Offer to accept resignation in lieu of recommending denial of tenure not coercion

Posted on March 04, 2008
Offer to accept resignation in lieu of recommending denial of tenure not coercionMatter of Price and the Board of Education of the Roosevelt Union Free School District, Decisions of the Commissioner of Education No. 15,573The School Superintendent advised Carolyn J...

Background investigation of a prospective employee contrasted with duty to oversee individual?s performance

Posted on March 04, 2008
Background investigation of a prospective employee contrasted with duty to oversee individual?s performanceMurray v SUNY Research Foundation, Appellate Division, 4th Dept., 283 A.D.2d 995, Leave to appeal denied with costs, 96 N.Y.2d 719The Murray case illustrates some of the standards that courts consider in cases involving allegations that the employer was guilty of "negligence" in selecting a particular individual for employment based on an allegation that the employer should have conducted a more intensive investigation of the individual's background that was actually made...

Same gender marriage

Posted on March 03, 2008
Same gender marriageMartinez v Monroe County Community College, 2008 NY Slip Op 0090, Appellate Division, Fourth Department, Decided on February 1, 2008 Patricia Martinez married Lisa Ann Golden in the Province of Ontario, Canada. When Monroe County Community College refused to recognize her marriage for purposes of approving her application for her spousal health care benefits...

Summary termination may result if an employee fails to satisfy a qualification for employment

Posted on March 03, 2008
Summary termination may result if an employee fails to satisfy a qualification for employment Matter of O'Connor v Board of Educ. of City School Dist. of City of Niagara Falls, 2008 NY Slip Op 01218, Appellate Division, Fourth Department, Decided on February 8, 2008A number of tenured teachers were summarily from their employment with the Niagara Falls City School District after they were found to be in violation of the residency policy set out in the Employment Agreement signed by them...

Feeling "Stressed Out" Insufficient Notice of Need for FMLA Leave

Posted on March 03, 2008
Feeling "Stressed Out" Insufficient Notice of Need for FMLA Leave 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...

Failure to exhaust administrative remedy bars Article 78 action

Posted on March 03, 2008
Failure to exhaust administrative remedy bars Article 78 action Matter of Civil Serv. Employees Assn. Inc., Local 1000 AFSCME AFL-CIO v Port Wash. Union Free School Dist., 2007 NY Slip Op 27168, Supreme Court, Nassau County, LaMarca, J.The Washington Union Free School District assigned a number of its groundskeepers to remove trash and debris from a small strip of private property bordering the Paul D...

Resolving inconsistencies between the Civil Service Law and a Taylor Law contract

Posted on March 03, 2008
Resolving inconsistencies between the Civil Service Law and a Taylor Law contract In the Matter of County of Chautauqua v Civil Service Employees Association, Local 1000, et al., 8 N.Y.3d 513The Court of Appeals held that because public policy precludes the arbitration of CSEA?s ?primary grievance? which challenged the County?s determining which positions are to be abolished, the County?s petition to stay arbitration should be granted with respect to that issue...

Eligibility for Jarema credit

Posted on March 03, 2008
Eligibility for Jarema creditEmma v Schenectady CSD, USDC, NDNY, 28 F. Supp. 2d 711, affirmed, 1999 U.S. App. LEXIS 27395Jarema credit and changing employers were among the employment/tenure issues considered in this 30-page opinion by U.S. District Court Judge Thomas J...

Please note that I'm on a vacation.Postings

Posted on February 02, 2008
Please note that I'm on a vacation.Postings will resume on or about March 1, 2008. _uacct = "UA-1069395-1"; urchinTracker();

Collective bargaining agreement cannot provide provisional employees tenure

Posted on February 01, 2008
Collective bargaining agreement cannot provide provisional employees tenureCity of Long Beach v Civil Service Employees Association, Inc., Long Beach Unit, 8 N.Y.3d 465 [Judge Kaye and Judge Ciparick dissenting in part]In March 2004, the New York State Civil Service Commission criticized the City of Long Beach for its poor control over provisional appointments in the classified service...

Discontinuing Section 207-c benefits

Posted on February 01, 2008
Discontinuing Section 207-c benefitsJ. Patrick Burns v Town of Clarkstown, App. Div. 679 N.Y.S.2d 585;[Two actions decided at the same time]Michael F. Burns, a police officer for the Town of Clarkstown, was injured in the line of duty and was awarded benefits under Section 207-c of the General Municipal Law...

Declaratory rulings - collective bargaining

Posted on February 01, 2008
Declaratory rulings - collective bargainingDeclaratory ruling: City of Plattsburgh; 31 PERB 6601Sometimes a party will file a petition with PERB seeking a declaratory ruling concerning some aspect encountered in collective bargaining under the Taylor Law...

Tenure by estoppel

Posted on February 01, 2008
Tenure by estoppelRoese v South Country CSD, App. Div., 2nd Dept., 283 A.D.2d 580Sonja Roese sued the South Country Central School District in an effort to regain her job as a probationary school librarian after the district had advised her that she was to be terminated...

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