New York Public Personnel Law: Labor & Employment Law

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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

Employment Law Daily recaps of the labor and employment decisions handed down by the US Supreme Court

Posted on July 08, 2010
Employment Law Daily recaps of the labor and employment decisions handed down by the US Supreme Court during its October 2009 term, as well as the non-employment rulings that promise to have a significant impact on labor and employment lawSource: CCH Workday at http://cch-workday...

Failing to report to work or to provide medical documents as requested supports the conclusion that the employee has abandonment the position

Posted on July 08, 2010
Failing to report to work or to provide medical documents as requested supports the conclusion that the employee has abandonment the positionMcKnight v NYS Dormitory Auth., App. Div., 267 A.D.2d 708, Motion for leave to appeal denied, 94 N.Y.2d 762Lucille M...

Abolishment of probationer?s position prior to attaining tenure results in his or her appointment from a preferred list as a probationer

Posted on July 07, 2010
Abolishment of probationer?s position prior to attaining tenure results in his or her appointment from a preferred list as a probationerDickinson v Board of Education of the Deer Park Union Free School District, et al, Decisions of the Commissioner of Education, Decision No...

Out-of-title work

Posted on July 07, 2010
Out-of-title workMacrae v Dolce, Appellate Division, 2nd Dept., 249 A.D.2d 476City of White Plains firefighters brought an Article 78 action contending that the City was requiring them to regularly perform out-of-title work by serving as fire lieutenants in violation of Section 61...

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A union is not required to carry every grievance to the highest level to satisfy its duty of fair representation

Posted on July 06, 2010
A union is not required to carry every grievance to the highest level to satisfy its duty of fair representationDelsante v CSEA Local 1000, AFSCME AFL-CIO, 2010 NY Slip Op 51145(U), decided on June 15, 2010, Supreme Court, Richmond County, Judge Judith N...

Court holds arbitrator?s misconstruing or disregarding the contract's plain meaning of no consequence as the determination was not irrational

Posted on July 06, 2010
Court holds arbitrator?s misconstruing or disregarding the contract's plain meaning of no consequence as the determination was not irrationalMatter of Buffalo Council of Supervisors v Board of Educ. of City School Dist. of Buffalo, 2010 NY Slip Op 05898, Decided on July 2, 2010, Appellate Division, Fourth DepartmentBuffalo had earlier negotiated with the Council and other employee unions in an attempt to persuade the unions to accept a single health insurance carrier plan in place of the multiple health insurance carrier plan then required by each union's collective bargaining agreement...

Disciplinary penalty reduced by court

Posted on July 06, 2010
Disciplinary penalty reduced by courtCatena v Village of Southampton, App. Div., 289 A.D.2d 487The Village of Southampton dismissed Jeffrey Catena from his position as maintenance mechanic. Although Catena admitted his guilt, he appealed, contending that the penalty of dismissal was too harsh under the circumstances...

New York State Comptroller concludes State agencies could save millions by eliminating service contracts

Posted on July 06, 2010
New York State Comptroller concludes State agencies could save millions by eliminating service contractsSource: Office of the State ComptrollerNew York State agencies could save millions of dollars annually by maximizing available revenues and by eliminating unneeded personal and miscellaneous service contracts, according to three audits released on June 30, 2010 by State Comptroller Thomas P...

Employee?s alerting the employer ?after-the-fact? failed to place the employer on notice that the employee may have been seeking FMLA leave

Posted on July 06, 2010
Employee?s alerting the employer ?after-the-fact? failed to place the employer on notice that the employee may have been seeking FMLA leaveSource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/Copyright � 2010. All rights reserved by Carl C...

Posting will resume on Tuesday,

Posted on July 02, 2010
Posting will resume on Tuesday, July 6, 2010. Happy 4th of July.

Is there a right to �207-c benefits if an individual refuses to perform light duty?

Posted on July 01, 2010
Is there a right to �207-c benefits if an individual refuses to perform light duty?Matter of Park v Kapica, 8 N.Y.3d 302John Park, a police officer employed by the Town of Greenburgh, underwent surgery in June 2002 after sustaining an injury in the line of duty...

Agreeing to a disciplinary suspension without pay in exchange for a postponement of the scheduled disciplinary hearing

Posted on July 01, 2010
Agreeing to a disciplinary suspension without pay in exchange for a postponement of the scheduled disciplinary hearingWachtmeiser v Andrus, App. Div., Third Dept., 279 A.D.2d 822Clearly an employee against whom disciplinary charges have been filed pursuant to Section 75 of the Civil Service Law may be suspended without pay for up to thirty days pending resolutions of the disciplinary action...

Failure to maintain a residence within the employer?s geographic jurisdiction deemed disqualifying misconduct for unemployment insurance purposes

Posted on July 01, 2010
Failure to maintain a residence within the employer?s geographic jurisdiction deemed disqualifying misconduct for unemployment insurance purposesMatter of Dwaine E. Williams v Commissioner of Labor, 47 AD3d 994Dwaine E. Williams, a school safety agent with the New York City Police Department for some six years, lived in Westchester County...

State Comptroller DiNapoli reports that school aid payments have been made

Posted on June 30, 2010
State Comptroller DiNapoli reports that school aid payments are being processedSource: Office of the State ComptrollerNew York State Comptroller Thomas P. DiNapoli reported that school aid to school districts and BOCES totaling nearly $1.6 billion, is being processed...

Appointment of an eligible from an expired eligible list is impossible as a matter of law

Posted on June 30, 2010
Appointment of an eligible from an expired eligible list is impossible as a matter of lawMatter of Farrison, 2010 NY Slip Op 51113(U), Decided on June 24, 2010, Supreme Court, New York County, Judge Hunter [Not selected for publication in the Official Reports]John D...

Is a disciplinary hearing required after a public officer has been convicted of a crime in order to dismiss the individual from his or her position?

Posted on June 30, 2010
Is a disciplinary hearing required after a public officer has been convicted of a crime in order to dismiss the individual from his or her position?Roberson v Ward, App. Div., First Dept., 278 A.D.2d 180; motion for leave to appeal denied, 96 N.Y.2d 717When must a public officer,* arrested and convicted of a crime, be given a disciplinary hearing in contrast to being summarily terminated? As the Roberson decision demonstrates, it depends on the nature of the offense...

Conducting an administrative hearing

Posted on June 30, 2010
Conducting an administrative hearingFlood v NYSERS, App. Div., First Dept., 279 A.D.2d 304Clearly an individual may not be found guilty of disciplinary charges not alleged in the notice of discipline served on the employee. Similarly, a hearing officer in an administrative hearing may not rely on evidence in the record in making his or her determination if the other party was not permitted to challenge or rebut such evidence...

Demanding negotiations concerning changes in the employer's payroll system

Posted on June 30, 2010
Demanding negotiations concerning changes in the employer's payroll systemCSEA and Nassau County, 31 PERB 3032Nassau County employees in a negotiating unit represented by the Civil Service Employees Association [CSEA] had been receiving their regular pay in one check and any payment for overtime in a second, supplemental check...

Supreme Court clarifies who decides the validity of an arbitration provision

Posted on June 30, 2010
Supreme Court clarifies who decides the validity of an arbitration provisionRent-a-Center, West v. Jackson, US Supreme Court No. 09-497Source; Analysis of the decision prepared by Ballard Spahr LLP [Copyright � 2010 by Ballard Spahr LLP. http://www.ballardspahr...

Binding arbitration demanded for deciding General Municipal Law Section 207-c claims

Posted on June 30, 2010
Binding arbitration demanded for deciding General Municipal Law Section 207-c claimsWatertown v PERB, 95 N.Y.2d 73In the course of collective bargaining under the Taylor Law the Watertown Police Benevolent Association [PBA] demanded that the question of a police officer?s eligibility for disability benefits pursuant to General Municipal Law Section 207-c be submitted to arbitration...

Provisional employee has no right to continued employment as a provisional

Posted on June 29, 2010
Provisional employee has no right to continued employment as a provisional appointeeSingletarly v NYC Dept. of Homeless Services, Supreme Court IA PART 27, Justice Gammerman, [Not selected for publication in the Official Reports]In the Singletarly case Judge Gammerman sets out the basic rules concerning the rights of a provisional employee to continued employment as a provisional employee...

Judicial review of the disciplinary penalty imposed on an employee by the appointing authority

Posted on June 29, 2010
Judicial review of the disciplinary penalty imposed on an employee by the appointing authorityMatter of Rutkunas v Stout, 8 N.Y.3d 897Anthony Rutkunas, a senior maintenance mechanic (carpenter) with the Westchester County Department of Parks, was found guilty of disciplinary charges that alleged that he (1) failed to bring wood to a job site; (2) failed to complete certain work, despite being asked to do so and (3) threw a coffee cup and at least two, four-inch nails from a height of ?approximately fifteen feet in the direction of other employees who were working below him,? two of which struck an employee in the back and chest...

Selected court decisions concerning employment issues noted by law firms

Posted on June 29, 2010
Selected court decisions concerning employment 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...

Preexisting condition does not bar receiving GML �207-c if the claimant shows that the job duties were a direct cause of the disability

Posted on June 28, 2010
Preexisting condition does not bar receiving GML �207-c if the claimant shows that the job duties were a direct cause of the disabilityD'Accursio v Monroe County, 2010 NY Slip Op 05455, Decided on June 18, 2010, Appellate Division, Fourth DepartmentPaul D?Accursio, a "Deputy Sheriff Jailor" with the Monroe County Sheriff's Department, filed a petition pursuant to CPLR Article 78 proceeding seeking to annul the denial of his application for General Municipal Law �207-c benefits...

Did I say ?and?? I meant ?or? ? Department of Labor?s Reinterpretation of In Loco Parentis requirements under FMLA

Posted on June 28, 2010
Did I say ?and?? I meant ?or? ? Department of Labor?s Reinterpretation of In Loco Parentis requirements under FMLASource: The FMLA Blog - http://federalfmla.typepad.com/fmla_blog/ Copyright � 2010. All rights reserved by Carl C. Bosland, Esq. Reproduced with permission...

Drug dependency not a disability under New York?s Human Rights Law

Posted on June 28, 2010
Drug dependency not a disability under New York?s Human Rights LawMatter of Michael Kirk v City of New York, 47 AD3d 406Michael Kirk was terminated from his position with the New York City Fire Department after testing positive for cocaine in a random drug test...

Two-part test applied in resolving union?s improper practice charge

Posted on June 28, 2010
Two-part test applied in resolving union?s improper practice chargeMatter of Social Service Employees Union, Local 371, (Aubrey Norris) v New York City Bd. of Collective Bargaining, 47 AD3d 417The Appellate Division upheld a determination by the New York City Board of Collective Bargaining that denied Local 371?s claim that the New York City Administration for Children?s Services [ACS] committed an improper practice petition when it denied a union official access to its headquarters to perform his duties as a union official...

Former employees alleged they were the target of selective prosecution in administrative disciplinary action

Posted on June 28, 2010
Former employees alleged they were the target of selective prosecution in administrative disciplinary actionBey v New York City Civil Service Commission, Supreme Court, Justice Madden, 2001 NY Slip Op 30058(U), [not officially reported]New York City conducted an investigation to determine which employees were claiming tax-exempt status or were claiming an excessive number of exemptions...

In the absence of any ?expressed? contractual limitations, an arbitrator is free to fashion a fitting and necessary remedy to a contract dispute

Posted on June 25, 2010
In the absence of any ?expressed? contractual limitations, an arbitrator is free to fashion a fitting and necessary remedy to a contract disputeMatter of City of New York v District Council 37 AFSCME, 2010 NY Slip Op 05671, Decided on June 24, 2010, Appellate Division, First DepartmentAn arbitrator ruled that a number of individuals employed as New York City Public Health Advisors (PHAs) by the City?s Department of Health and Mental Hygiene were entitled to $1,800 for each year since the filing of the grievance claiming that they had been performing out-of-title work...

Having a residence in the jurisdiction not always the same as having a domicile in the jurisdiction

Posted on June 25, 2010
Having a residence in the jurisdiction not always the same as having a domicile in the jurisdictionMatter of Johnson v Town of Amherst, 2010 NY Slip Op 05447, Decided on June 18, 2010, Appellate Division, Fourth DepartmentThe Town of Amherst?s Town Code required its employees to be ?domiciliaries of the Town...

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