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8 Mar 2023, 6:00 am by Public Employment Law Press
The Appellate Division opined: "A municipal resolution is, in general, a unilateral action that is temporary in nature and, thus, it does not create any vested contractual rights", citing Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326. [read post]
8 Mar 2023, 6:00 am by Public Employment Law Press
The Appellate Division opined: "A municipal resolution is, in general, a unilateral action that is temporary in nature and, thus, it does not create any vested contractual rights", citing Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326. [read post]
2 Nov 2022, 5:00 am by Public Employment Law Press
  ** Citing Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, the Appellate Division's decision held the arbitrator was free to consider "parol evidence" concerning a past practice given the ambiguity the arbitrator found in Article 45, §E of the CBA.Click here to access the Appellate Division's ruling. [read post]
2 Nov 2022, 5:00 am by Public Employment Law Press
  ** Citing Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, the Appellate Division's decision held the arbitrator was free to consider "parol evidence" concerning a past practice given the ambiguity the arbitrator found in Article 45, §E of the CBA.Click here to access the Appellate Division's ruling. [read post]
23 Dec 2021, 8:00 am by Public Employment Law Press
"Pursuant to this duty to negotiate, where a past practice between a public employer and its current employees is established, involving a mandatory subject of negotiation, the Taylor Law would bar the employer from discontinuing that practice without prior negotiation" (Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, 331), and "PERB is authorized to determine disputes as to improper employment practices, and to take… [read post]
23 Dec 2021, 8:00 am by Public Employment Law Press
"Pursuant to this duty to negotiate, where a past practice between a public employer and its current employees is established, involving a mandatory subject of negotiation, the Taylor Law would bar the employer from discontinuing that practice without prior negotiation" (Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, 331), and "PERB is authorized to determine disputes as to improper employment practices, and to take… [read post]
23 Dec 2021, 6:00 am by Public Employment Law Press
"Pursuant to this duty to negotiate, where a past practice between a public employer and its current employees is established, involving a mandatory subject of negotiation, the Taylor Law would bar the employer from discontinuing that practice without prior negotiation" (Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, 331), and "PERB is authorized to determine disputes as to improper employment practices, and to take… [read post]
23 Dec 2021, 6:00 am by Public Employment Law Press
"Pursuant to this duty to negotiate, where a past practice between a public employer and its current employees is established, involving a mandatory subject of negotiation, the Taylor Law would bar the employer from discontinuing that practice without prior negotiation" (Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, 331), and "PERB is authorized to determine disputes as to improper employment practices, and to take… [read post]
13 Jul 2021, 4:00 am by Public Employment Law Press
City of Schenectady, 244 AD2d 845 (3rd Dep't 1997).Defendants' reliance on McDonald Police v. [read post]
13 Jul 2021, 4:00 am by Public Employment Law Press
City of Schenectady, 244 AD2d 845 (3rd Dep't 1997).Defendants' reliance on McDonald Police v. [read post]
13 Jul 2021, 4:00 am by Public Employment Law Press
City of Schenectady, 244 AD2d 845 (3rd Dep't 1997).Defendants' reliance on McDonald Police v. [read post]
13 Jul 2021, 4:00 am by Public Employment Law Press
City of Schenectady, 244 AD2d 845 (3rd Dep't 1997).Defendants' reliance on McDonald Police v. [read post]
18 Jul 2019, 4:00 am by Public Employment Law Press
**   * The decision notes that City "presented ample evidence that it passed the 2010 Ordinance only after pursuing a range of measures to increase revenue and cut expenses" and although New York law permitted the City to require the appellants to contribute up to 50 percent of the premium amount, the 2010 Ordinance required the Retirees to contribute substantially less.** In McDonald PBA v City of Geneva, Ct. of Appeals, 92 N.Y.2d 326, the Court of… [read post]