Search for: "Tibbetts v. Tibbetts" Results 21 - 34 of 34
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30 Jul 2018, 4:00 am by Public Employment Law Press
In Burnham and UFT, 28 PERB 4590, PERB ruled that the union's "duty of fair representation" runs only to employees; there is no such duty with respect to former unit members such as retirees [See, also,  McDonald PBA v City of Geneva, 92 N.Y.2d 326; Kolbe v Tibbetts, 22 NY3d 344].** Retirees are not employees for the purposes of collective bargaining for the purposes of Article 14 of the Civil Service Law [the Taylor Law] The decision is… [read post]
21 Oct 2016, 8:00 am by The Public Employment Law Press
An employer may seek summary judgment in human rights action by offering a legitimate, nondiscriminatory reason rebutting allegations of unlawful discrimination  Tibbetts v Pelham Union Free School Dist., 2016 NY Slip Op 06699, Appellate Division, Second Department§296(1)(a) of the New York State Human Rights Law provides that "[i]t shall be an unlawful discriminatory practice . . . [read post]
2 Apr 2015, 4:00 am by The Public Employment Law Press
”Retired administrators [Plaintiffs] who were employed by Niagara Falls City School District alleged that the School District was in breach of contract with respect to its providing health insurance to these retirees.The Appellate Division noted that the parties did not dispute that the language at issue in the various CBAs is unambiguous and, at oral argument, the School District had conceded that this case is controlled by Kolbe v Tibbetts (22 NY3d 344). [read post]
13 Dec 2013, 4:52 am by The Public Employment Law Press
Retirees had vested health insurance rights that could not be abrogated by successor collective bargaining agreementKolbe v Tibbetts. 2013 NY Slip Op 08290, Court of AppealsFour former non-instructional employees of the Newfane Central School District retired between 2003 and 2008. [read post]
9 Jan 2013, 4:00 am
Collective bargaining agreements relied upon did not obligate the employer to maintain a retiree’s health insurance coverage at the level in place at the time of his or her retirement Kolbe v Tibbetts, 2012 NY Slip Op 08899, Appellate Division, Fourth Department Certain retirees of the Newfane Central School District sued the District alleging that it had breached the terms of various collective bargaining agreements [CBA] with respect to their health insurance benefits… [read post]