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10 Feb 2010, 3:35 am
’”Such a provision, said the Appellate Division, has been held to mandates vacatur of an arbitration award granting relief based on a grievance that was presented after expiration of the limitation period set forth in the governing collective bargaining agreement, citing Nassau Health Care Corp. v CSEA, 20 AD3d 401.Notwithstanding this, however, the Appellate Division ruled that while Local 832 failed to commence the formal grievance process within the time frame… [read post]
9 Feb 2010, 3:12 am
Employee challenges denial of a retirement incentive provided in collective bargaining agreementSpano v Kings Park Cent. [read post]
8 Feb 2010, 6:06 am
Termination resulting from the loss or expiration of a license required to lawfully perform the duties of the position does not constitute disciplineMatter of Carr v New York State Dept. of Transp., 2010 NY Slip Op 00771, Decided on February 4, 2010, Appellate Division, Third DepartmentJames Carr, a New York State Department of Transportation Highway Maintenance Worker I, was required to possess a valid commercial driver’s license [CDL] to lawfully perform the duties of his… [read post]
2 Feb 2010, 3:01 am
[see New York City Department of Education v Halpin, OATH Index #818/07]. [read post]
14 May 2009, 4:17 am
Further, the ALJ found that CSEA's arguments that employees' privacy rights were affected, that they had to participate in record keeping, and that there was an interference with off duty time were either inapplicable or had no factual basis. [read post]
7 May 2009, 4:15 am
[see New York City Department of Education v Halpin, OATH Index #818/07]. [read post]
8 Apr 2009, 4:15 am
[c]ontrary to, or inconsistent with, or modifying or varying in any way, the terms of [the CBA].'" Such a provision, said the Appellate Division, has been held to mandates vacatur of an arbitration award granting relief based on a grievance that was presented after expiration of the limitation period set forth in the governing collective bargaining agreement, citing Nassau Health Care Corp. v CSEA, 20 AD3d 401. [read post]
18 Mar 2009, 4:15 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]
23 Sep 2008, 11:42 am
From time to time the modern equivalent of these ancient writs serve as a basis for legal action.In CSEA v Patchogue-Medford UFSD, 239 A.D.2d 415, a case involving an appointment to a reclassified position, was characterized as an action "in the nature of mandamus. [read post]
22 Sep 2008, 12:02 pm
Further, said the court, the record before it "does not include transcripts of the disciplinary hearing," and thus the record "is insufficient for us to decide whether the determination of the Town of Somers was supported by substantial evidence. [read post]
