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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

Employee terminated after testing positive for drug

Posted on September 24, 2010
Employee terminated after testing positive for drugMcGovern v Safir, App. Div. First Dept., 266 AD2d 94New York City police officer John McGovern appealed his termination from the force after testing positive for marijuana.McGovern had been selected for a random drug test...

The employee organization's duty

Posted on September 24, 2010
The employee organization's duty of fair representationWalsh v Rochester Teachers? Asso. and the Rochester City School District, App. Div., 4th Dept., 266 AD2d 817The lesson of the Walsh case is that if a unit member sues a union for its alleged violation of its duty of fair representation, s/he must name the specific individuals involved in, or whose actions constituted, the violation...

Cheating on examination for disqualifying

Posted on September 24, 2010
Cheating on examination for disqualifying misconduct for the purposes of claiming unemployment insurance benefitsKinch v Sweeney, Appellate Division, 244 AD2d 748The Kinch case involved the dismissal of an individual found to have cheated on an examination...

Labor organization sues local for non-payment of its membership dues

Posted on September 24, 2010
Labor organization sues local for non-payment of its membership duesAmerican Federation of School Administrators v Council of Administrators and Supervisors, 266 AD2d 417The American Federation of School Administrators, AFL-CIO, sued its local affiliate in Nassau and Suffolk counties, the Council of Administrators and Supervisors, claiming it had not paid all of its dues...

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Modifying a disciplinary penalty

Posted on September 24, 2010
Modifying a disciplinary penaltyCSEA Albany County Local 801 v Albany Housing Authority, 266 AD2d 676This decision sets out the basic elements to be considered by courts when asked to confirm or vacate a disciplinary arbitrator?s award.The facts in this case are relatively simple...

Layoffs and Downsizing the State's workforce

Posted on September 24, 2010
Layoffs and Downsizing the State's workforceSource: News media reportsOn Thursday, September 23, 2010, Governor Paterson announced that in order to help solve the State's current financial crisis it will be necessary to layoff some 2,000 State employees...

Governor Paterson names New York State?s first Chief Diversity Officer

Posted on September 23, 2010
Governor Paterson names New York State?s first Chief Diversity OfficerSource: Office of the GovernorGovernor Paterson has appointed Carra Wallace as the State?s first Chief Diversity Officer effective October 15, 2010. This position in the Executive Chamber was established pursuant to �4-a of the Executive Law...

HR 5136 proposed to provide ?annual leave for family members? in the event a defined relative is called to active duty with the armed forces

Posted on September 23, 2010
HR 5136 proposed to provide ?annual leave for family members? in the event a defined relative is called to active duty with the armed forcesSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright � 2010. All rights reserved by Carl C...

Michigan teachers may sue if school board fails to comply with statutory duty to expel students guilty of assault

Posted on September 23, 2010
Michigan teachers may sue if school board fails to comply with statutory duty to expel students guilty of assaultSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq...

Filing an employer application for disability retirement pursuant GML 207-c

Posted on September 23, 2010
Filing an employer application for disability retirement pursuant GML 207-cCity of Schenectady v McCall, AD 3rd Dept., 245 A.D.2d 708The City of Schenectady filed an application for accidental disability benefits for one of its police officers, Kevin J...

Determining seniority for tenure purposes

Posted on September 23, 2010
Determining seniority for tenure purposesKaufman v Fallsburg CSD, Court of Appeals, 91 NY2d 57Seniority is probably the most critical factor in determining who may be lawfully retained in a layoff situation. In the Kaufman case, the New York Court of Appeals addressed the competing seniority claims of two elementary grade teachers seeking to avoid being excessed by the Fallsburg Central School District...

Terminating an interim appointee

Posted on September 23, 2010
Terminating an interim appointeeAmnawah v NYC Bd. of Education, 266 AD2d 455Linda Amnawah, an interim-acting ?Special Education Review Specialist,? was terminated from her position by the New York City Board of Education.. She sued, seeking reinstatement to her former position...

Rescinding a letter of retirement

Posted on September 23, 2010
Rescinding a letter of retirementElmira CSD v Newcomb, 266 AD2d 622, Motion for leave to appeal dismissed, 94 NY2d 899Among the basic general rules applicable to resignation from public service are the following:1. An individual may rescind his or her letter resignation prior to its delivery to the appropriate authority...

Provisional appointee covered by the State?s ?Whistle Blower Law?

Posted on September 23, 2010
Provisional appointee covered by the State?s ?Whistle Blower Law?Sisson v Lech, App. Div., 4th Dept., 266 AD2d 858The fact that an individual is a provisional employee does not necessarily mean that the individual cannot challenge his or her dismissal in court...

An entertaining example of enforcing administrative law

Posted on September 22, 2010
An entertaining example of enforcing administrative law Source: Administrative Law Professor Blog. Reproduced with permission. Copyright � 2010, All rights reserved http://lawprofessors.typepad.com/adminlaw/"Drop that Head of Cabbage, Mister, and Step Back from Your Cultivator with Your Hands in the Air September 20, 2010", posted on the International Municipal Lawyers Association - Local Government Blog by Dwight Merriam (Robinson & Cole, LLP, Hartford, CT):DeKalb County, Georgia, can teach us all something about zoning enforcement...

Criticism and reprimand distinguished in the context of entitlement to a disciplinary hearing

Posted on September 22, 2010
Criticism and reprimand distinguished in the context of entitlement to a disciplinary hearingOzol v Center Moriches UFSD, NYS Supreme Court, [Not selected for publication in the Official Reports]Is a letter to an individual concerning his or her work performance constructive criticism or pejorative reprimand? Characterizing the letter as a "reprimand" constitutes discipline, entitling the individual to an Education Law Section 3020-a hearing or a contract disciplinary procedure...

Arbitrator holds that a long delay in requesting a new hearing date results in the "death of the grievance"

Posted on September 22, 2010
Arbitrator holds that a long delay in requesting a new hearing date results in the "death of the grievance"Local 3973 v Albany County, AD 3rd Dept., 245 AD2d 770, Motion for leave to appeal denied, 91 NY2d 813Can an arbitrator decide that a request to reschedule a postponed arbitration was made too late and dismiss the underlying grievance? This was the central issue resolved in an appeal filed by Local 3973 after an arbitrator dismissed a grievance filed by Albany County deputy sheriff Chris Curry...

An employer?s changing its reasons for its actions not necessarily fatal in defending against an improper practice charge before PERB

Posted on September 22, 2010
An employer?s changing its reasons for its actions not necessarily fatal in defending against an improper practice charge before PERBPublic Employees Federation and New York, 30 PERB 3045Suppose an employer gives one reason to explain an action and later offers a different explanation for its decision...

Termination from a position funded by a federal grant

Posted on September 22, 2010
Termination from a position funded by a federal grantMucci v Binghamton, Appellate Division, 245 AD2d 678, Appeal dismissed, 91 NY2d 921, Motion for leave to appeal denied, 92 NY2d 802In the Mucci case, the Appellate Division was asked to determine if the City of Binghamton abolished a position as a subterfuge to avoid having to file disciplinary charges against the permanent incumbent of the position...

Reassignment of personnel

Posted on September 22, 2010
Reassignment of personnelSuperior Officers v Triborough Bridge & Tunnel Authority, Appellate Division, 244 AD2d 154The Superior Officers Benevolent Association challenged the Triborough Bridge and Tunnel Authority's practice of assigning a sergeant to a lieutenant's post if the lieutenant was absent...

Teacher fired for comments on Facebook

Posted on September 21, 2010
Teacher fired for comments on FacebookSource: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/Reproduced with permission. Copyright � 2010, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved...

Dismissal for disqualifying misconduct bars unemployment insurance benefits

Posted on September 21, 2010
Dismissal for disqualifying misconduct bars unemployment insurance benefitsLubin v Sweeney, Appellate Division, 244 AD2d 755, Motion for leave to appeal denied, 91 NY2d 810The State's Unemployment Insurance Appeal Board will not grant unemployment insurance benefits to a person who has lost a job if the reason for the discharge was misconduct or for some other disqualifying reason...

Family medical leave

Posted on September 21, 2010
Family medical leaveDintino v Doubletree Hotels Corp., USDC EPa, 4 WH Cases2d 413The Dintino case illustrates that under the Family Medical Leave Act [FMLA], the employer has the duty of determining whether or not an employee wishes to "charge" his or her absence from work to the 12-week FMLA period allowed employees each year...

U.S. Circuit Court of Appeals rules that transsexuals are not a protected class for purposes of Title VII

Posted on September 21, 2010
U.S. Circuit Court of Appeals rules that transsexuals are not a protected class for purposes of Title VIIKrystal S. Etsitty v Utah Transit Authority, CA10, v. No. 05-4193Krystal Etsitty, a transsexual and former employee of Utah Transit Authority (UTA), sued UTA and Betty Shirley, her former supervisor, pursuant to 42 USC...

Police officer dismissed after failing to properly surrender a weapon

Posted on September 21, 2010
Police officer dismissed after failing to properly surrender a weaponDoolittle v McMahon, Appellate Division, 245 AD2d 736A State Trooper's failure to properly dispose of a weapon ultimately led to a fellow Trooper?s dismissal for "official misconduct...

New York State Comptroller alleges retired police officer involved in a "pension padding scheme"

Posted on September 20, 2010
New York State Comptroller alleges retired police officer involved in a "pension padding scheme"Source: Office of the State ComptrollerState Comptroller Thomas P. DiNapoli announced in a press release issued on September 17, 2010 that his Department's investigators found that a retired City of Rome Police Officer, Thomas C...

Selected articles concerning employment related issues noted by law firms

Posted on September 20, 2010
Selected articles concerning employment related issues noted by law firmsSource: The Lexology newsfeed [New users can register free of charge at www.lexology.com/account/register.aspx]Click on the Heading of the item to access the full text of the article...

Incompetence and misconduct in the context of a disciplinary action

Posted on September 20, 2010
Incompetence and misconduct in the context of a disciplinary actionBrey v Jefferson-Youngsville CSD, App. Div., 245 AD2d 613Incompetence and misconduct have different meanings in disciplinary actions.Incompetence basically refers to a lack of the ability to do the work properly; misconduct frequently involves the employee's failure to comply with instructions or ignoring appropriate procedures...

Terminations based on political affiliation

Posted on September 20, 2010
Terminations based on political affiliationBavaro v Pataki, CA2, 130 F.3d 46 9181 In this case there was no question that Ralph Bavaro and Elizabeth Hogan were fired from their respective jobs as Associate and Assistant Counsels to "make room" for two political appointees...

Reasonable accommodation of employee's disability may not always trumpet collective bargaining seniority agreement

Posted on September 20, 2010
Reasonable accommodation of employee's disability may not always trumpet collective bargaining seniority agreementKralik v Durbin, CA3, 130 F.3d 76The Third Circuit U.S. Court of Appeals in Philadelphia has decided that an accommodation of a disabled individual under the Americans with Disabilities Act [ADA] does not take precedence over the terms of a collective bargaining agreement...

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