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Notice of claim pursuant to Education Law §3813
1 Sep 2011, 3:29 am
The agreement, according to CSEA, “covers all unit members and does not distinguish between part-time and full-time employees with respect to health insurance benefits. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Temporary assignment not the same as appointment to a “position”
7 Aug 2011, 6:35 am
(See CSEA v. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Authority of an arbitrator to modify the disciplinary penalty proposed by the employer
22 Jun 2011, 9:17 am
” See Ford v CSEA, 94 AD2d 262, in which the court addresses the critical question of the power of an arbitrator to render a decision which impacts on or affects a public policy. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Employee organization may, through collective bargaining, negotiate away an employee’s statutory right to a disciplinary procedure provided an alternate procedure providing for administrative due process is available to the individual
9 Jun 2011, 4:43 am
” ** This option was set out in the initial collective bargaining agreement negotiated between the State as an employer and the Civil Service Employees Association with respect to employees in negotiating units represented by CSEA. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee organization may, through collective bargaining, negotiate away an employee’s statutory right to a disciplinary procedure provided an alternate procedure providing for administrative due process is available to the individual
9 Jun 2011, 4:43 am
” ** This option was set out in the initial collective bargaining agreement negotiated between the State as an employer and the Civil Service Employees Association with respect to employees in negotiating units represented by CSEA. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Arbitrating an alleged breach of a collective bargaining agreement
8 Apr 2011, 3:59 am
Public policy does not nullify the choice she made (cf., Matter of Abramovich v Board of Educ., 46 NY2d 450, cert denied 444 US 845). [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Layoff, preferred lists and reinstatement of public employees of the State as an employer and employees of its political subdivisions and schools
18 Mar 2011, 10:52 am
[v]Another element that may cause some misunderstanding of the priorities in a layoff -- the individual may have been appointed to what has been designated a “permanent position” or appointed to position designated a “temporary position. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Employer’s claim that a provision in the expired CBA was subject to a sunset provision in the absence of a successor agreement to go to arbitration
3 Feb 2011, 5:01 am
"Turning to the County’s argument that an arbitration award interpreting the CBA in such a way as to require post-expiration step increases would be violative of public policy, the Appellate Division said that "such a potential does not mandate a stay of arbitration. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Disciplinary decision based on evidence obtained using a Global Positioning Systems device challenged
13 Dec 2010, 1:05 am
**Citing Matter of Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Determining if assigned duties constitute out-of-title work
8 Dec 2010, 2:40 am
Determining if assigned duties constitute out-of-title workCSEA v Angello, App. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Collective bargaining agreement requires village to reimburse its retirees participating in its health insurance plan their Medicare premiums
2 Dec 2010, 5:51 am
Collective bargaining agreement requires village to reimburse its retirees participating in its health insurance plan their Medicare premiumsMillington v Village of S. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Claim of mistake does not permit a party to rescind provisions set out in collective bargaining agreement
24 Nov 2010, 3:48 am
Claim of mistake does not permit a party to rescind provisions set out in collective bargaining agreementPlattsburgh v Plattsburgh Police Officers Union, 250 AD2d 327, motion to appeal denied, 93 NY2d 807Disabled firefighters and disabled police officers are entitled to significantly different benefits under New York’s General Municipal Law, Sections 207-a (firefighters) and 207-c (police officers).If a police collective bargaining agreement dealing with disability benefits… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
The interpretation of a “management right’s clause” in a collective bargaining agreement is for the arbitrator rather than PERB to resolve
23 Nov 2010, 3:24 am
CSEA did not allege anything that was within PERB’s jurisdiction under Section 209-a[1][d] of the Civil Service Law. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Determining if a demand for arbitration was timely filed
15 Nov 2010, 4:16 am
Hempstead v Civil Serv. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Stay of arbitration
5 Aug 2010, 4:31 am
Stay of arbitrationTown of Hempstead v CSEA Local 1000, Supreme Court, Nassau County, [Not selected for publication in the Official Reports]Under what circumstances will a court issue an order barring a grievance from being submitted to arbitration? [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Out-of-title work Article 78 petition dismissed for failure to exhaust remedy provided in the collective bargaining agreement
9 Jun 2010, 3:57 am
Out-of-title work Article 78 petition dismissed for failure to exhaust remedy provided in the collective bargaining agreementCSEA v Groton Cent. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Education Law §3813 notice of claim involving “a matter of personal interest” distinguished from vindicating a “matter of public interest”
12 May 2010, 7:16 am
*Accordingly, although exceptions to the "notice of claim" requirement exist, it would seem prudent for an aggrieved party to file a timely notice of claim with a school district consistent with the provisions set out in §3813(1) rather than try to persuade a court that it was not necessary to do so in a particular situation at some later date.* In CSEA v Lakeland Central School District, 230 A.D.2d 703, the Appellate Division rejected the School District's… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Settlement cannot be withdrawn even though it was not approved by employer
11 May 2010, 1:42 am
Matter of CSEA v. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Settlement agreement, and included resignation, contingent on appointing authority’s approval may not be rescinded while approval is pending
22 Mar 2010, 5:10 am
-C.I.O. v Baldwin Union Free School Dist., 2010 NY Slip Op 20091, decided on February 3, 2010, Supreme Court, Nassau County, Justice Daniel Palmieri Francesco Pignataro filed an Article 78 petition seeking a court order allowing him to revoke his letter of resignation and settlement agreement he submitted to his former employer, the Baldwin Union Free School District.While two arbitrations involving grievances concerning his ability to perform the duties of his position were pending,… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Union’s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actions
17 Feb 2010, 2:26 am
Union’s right to demand and obtain documents on file with the employer in a grievance procedure does not extend to disciplinary actionsMatter of Pfau v Public Empl. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/