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Appellate Division finds penalty of dismissal imposed on educator shocking to its sense of fairness
13 Mar 2017, 4:00 am by The Public Employment Law Press
Citing Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Alternative Facts, Civil War Edition
1 Feb 2017, 6:18 am by SHG
Copyright © 2007-2017 Simple Justice NY, LLC This feed is for personal, non-commercial and Newstex use only. [read post]
Simple Justice - http://blog.simplejustice.us
Commit Or Committed: Dying On Education Hill
18 Jan 2017, 5:10 am by SHG
Public sector teacher unions don’t help things, but they do contribute to political campaigns. [read post]
Simple Justice - http://blog.simplejustice.us
Suing an employee organization for an alleged breach of its duty of fair representation
9 Nov 2016, 7:00 am by The Public Employment Law Press
 * Civil Service Law §200 et seq.** Martin v Curran did not involve a union member suing his union but was a libel action in which the president of one union sued another union for libeling him in its newspaper. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Guidelines used to determine if an entity is a “public body that is performing a governmental function” for the purposes of the Open Meetings Law
28 Oct 2016, 7:00 am by The Public Employment Law Press
”Thomas, a retired DOE mathematics teacher, asked for permission to attend a meeting of the SLT. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Vacating an arbitration award based on allegations the award violated public policy
24 Oct 2016, 7:30 am by The Public Employment Law Press
-C.I.O. v County of Nassau, 2016 NY Slip Op 06211, Appellate Division, Second DepartmentIn New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An employer may seek summary judgment in human rights action by offering a legitimate, nondiscriminatory reason rebutting allegations of unlawful discrimination
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]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging the termination of a probationary teacher
18 Oct 2016, 11:15 am by The Public Employment Law Press
., 2016 NY Slip Op 06594, Appellate Division, Fourth DepartmentA probationary teacher [Teacher] commenced an Article 78 proceeding seeking a court order annulling the Clyde-Savannah Central School District Board of Education's [Board] decision to discontinue her probationary appointment on the grounds that the Board’s decision was arbitrary and capricious, and an abuse of discretion. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Exceptions to the general rule that only the union or the employer may demand that an issue be submitted to arbitration
1 Sep 2016, 7:00 am by The Public Employment Law Press
Dist., 2016 NY Slip Op 05924, Appellate Division, Second Department The general rule concerning the right to demand that a grievance be submitted to arbitration in accordance with the terms and conditions of a collective bargaining agreement is that only the union or the employer may make such a demand.In contrast, a unit member could exercise an independent right to demand arbitration if he or she is able to show that the union’s decision not to submit his or… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging the employer’s decision to terminate a probationary teacher
23 Aug 2016, 4:00 am by The Public Employment Law Press
., 2016 NY Slip Op 05813, Appellate Division, Second DepartmentAndrea Muller was appointed by the New York City Department of Education [DOE] as an elementary school teacher subject to her satisfactory completion of a three-year probationary period commencing in August 2008. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An appointing authority is not required to assign an individual to the position he or she desires or prefers
3 Jun 2016, 4:00 am by The Public Employment Law Press
Supreme Court dismissed her petition, which ruling was unanimously affirmed by the Appellate Division.Citing Pell v Board of Educ. of Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Relist Watch Redux
27 May 2016, 8:00 am by John Elwood
California Teachers Association, 14-915, was just as divisive, but way less dull. [read post]
SCOTUSblog - http://www.scotusblog.com/
A tenured employee who resigns from his or her position and is subsequently reemployed by his or her former employer in the same title is not automatically entitled to tenure in the position
5 Apr 2016, 10:00 pm by The Public Employment Law Press
The CBA between the Board and the teachers' union contains a parallel provision. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Teacher resigns after male student takes her unlocked phone, shares her nude selfie on social media.
24 Mar 2016, 3:30 am by Eric B. Meyer
However, this NY Daily News article from Nicholas Parco indicates that the teacher was “told to step down from her teaching post by Union County school district bosses because she was at fault for keeping her cell phone unlocked. [read post]
The Employer Handbook - http://www.theemployerhandbook.com/
Tinkering With The Mechanics Of Death (Of Public Sector Unions)
20 Jan 2016, 3:47 am by SHG
Think how teachers’ unions negotiate over job security to protect incompetent teachers, or how cop unions negotiate for the Law Enforcement Officers Bill of Rights. [read post]
Simple Justice - http://blog.simplejustice.us
2H 2015 Quick Links, Part 4 (Content Regulation & More)
9 Jan 2016, 8:19 am by Eric Goldman
* NY Times: Glare of Video Is Shifting Public’s View of Police * How Claw Machines are Rigged [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
When interpreting greement the arbitrator may not rewrite a contract provision by adding a new clause based upon a past practice
24 Dec 2015, 4:00 am by The Public Employment Law Press
When interpreting a collective bargaining agreement the arbitrator may not rewrite a contract provision by adding a new clause based upon a past practiceMatter of City of Rochester (Rochester Police Locust Club), 2015 NY Slip Op 08580, Appellate Division, Fourth DepartmentSupreme Court granted the City of Rochester’s [Rochester] CPLR Article 75 application to vacate an arbitration award in favor of the Rochester Police Locust Club [Union]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
On December 21, 2015, Governor Andrew M. Cuomo announced appointments to the executive chamber and various state departments and agencies
21 Dec 2015, 1:25 pm by The Public Employment Law Press
She was also the Campaign Manager for Tracey Brooks for Congress, Deputy Press Secretary to Congresswoman Nydia Velazquez, and Deputy Press Secretary for the successful NY State Transportation Bond Act Campaign Vote Yes in 2005. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The aggrieved employee has the burden of proving that his or her employee organization’s action, or inaction, breached its “Duty of Fair Representation”
18 Dec 2015, 8:30 am by The Public Employment Law Press
As a result she became one of the four least senior teachers in her tenure area. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Unions representing public employees are not state actors absent evidence of meaningful State participation in the activity underlying the complaint
13 Nov 2015, 4:00 am by The Public Employment Law Press
Unions representing public employees are not state actors absent evidence of meaningful State participation in the activity underlying the complaintCallaghan v United Fedn. of Teachers, 2015 NY Slip Op 08049, Appellate Division, First DepartmentSupreme Court granted the United Federation of Teachers’ [UFT] motion to dismiss James V. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/