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Some exceptions to the Doctrine of the Exhaustion of Administrative Remedies
16 Oct 2015, 4:00 am by The Public Employment Law Press
NYS Pub. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Advisory arbitration
27 Aug 2015, 4:00 am by The Public Employment Law Press
Advisory arbitration Hannon v Westbury Union Free Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arbitrator’s award baring disciplining an employee charged with sexual harassment while the employee was on “union leave” vacated as violative of public policy
24 Aug 2015, 4:00 am by The Public Employment Law Press
Cohoesinvolved a dispute between a teachers' union and a local school board concerning whether a board could cede to arbitration its power to determine a teacher's tenure after a probationary period. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Dismissed probationary teacher seeks damages for the employer’s alleged fraudulent inducement and breach of contract and for the union’s alleged breach of its duty of fair representation
3 Aug 2015, 4:00 am by The Public Employment Law Press
Dismissed robationary teacher seeks damages for the employer’s alleged fraudulent inducement and breach of contract and for the union’s alleged breach of its duty of fair representation2015 NY Slip Op 06331, Appellate Division, Second DepartmentThe plaintiff [Probationer] commenced an action against the School District and certain named individuals [district defendants] and against the school district’s Teachers Association and New York State… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Rules protect teachers from being deprived of seniority credit in a tenure area if they unwittingly accept, and serve in, out-of-area assignments
31 Jul 2015, 4:00 am by The Public Employment Law Press
Rules protect teachers from being deprived of seniority credit in a tenure area if they unwittingly accept, and serve in, out-of-area assignmentsCronk v King, 2015 NY Slip Op 06396, Appellate Division, Third DepartmentIn this Article 78 action, Supreme Court granted Jennifer Cronk’s petition to annul the determination of Commissioner of Education dismissing Cronk's appeal of a determination by the Valhalla Union Free School District terminating her employment… [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Tenure by estoppel
6 Jul 2015, 4:00 am by The Public Employment Law Press
Tenure by estoppel2015 NY Slip Op 05471, Appellate Division, Second DepartmentIn response to the School District’s denying the petitioner [Teacher] tenure and terminating her employment, Teacher filed an Article 78 seeking reinstatement to her former position, back salary and benefits and other relief.Teacher’s notice of appointment stated that her probationary period was to run through June 30, 2010. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Eleven individuals nominated, recommended for appointment or appointed to Governor Cuomo’s administration
25 Apr 2015, 4:22 am by The Public Employment Law Press
He is also the founding member and president of Habitat for Humanity Montgomery County NY. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Opt-Out In Workers Compensation Is Not A New Concept
9 Mar 2015, 8:51 am by Attorney Theodore Ronca
In NY, municipal and county workers do not have mandatory comp coverage and many large unions (police, fire and teachers) have the members covered under disability insurance, preserving the right to sue for negligence. [read post]
Work Comp Roundup - http://reduceyourworkerscomp.com/
Additional Staffing changes announced by New York State’s Governor Andrew M. Cuomo
14 Jan 2015, 4:00 am by The Public Employment Law Press
Paul Tonko (NY-20), Steve Israel (NY-03), and Gerry Connolly (VA-11). [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Look For The (Police) Union Label
19 Dec 2014, 4:06 am by SHG
Teachers’ unions have become the single biggest impediment to school reform. [read post]
Simple Justice - http://blog.simplejustice.us
Availability of the “faithless servant doctrine” to deny benefits set out in a collective bargaining agreement
18 Dec 2014, 4:00 am by The Public Employment Law Press
Dist. v Peters, 2014 NY Slip Op 08533, Appellate Division, Third DepartmentJoanne Peters, a teacher by the Union-Endicott Central School District, attempted to retire from her position after allegations surfaced that she had stolen District property. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Establishing seniority rights in the course of collective bargaining
18 Nov 2014, 4:00 am by The Public Employment Law Press
., 2014 NY Slip Op 07610, Appellate Division, Second DepartmentThe Appellate Division held that Steven Bregman and the other plaintiffs [Bregman] in this action had waived their right to seniority credit through their teacher association's collective bargaining agreement with the Board of Education for the East Ramapo Central School District. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
If a settlement or award includes a payment, only the part constituting reimbursement for lost wages is included in determining the employee’s retirement allowance
5 Nov 2014, 4:00 am by The Public Employment Law Press
 The union again filed a grievance on behalf of Teacher and again the matter was settled. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
A full time employee’s refusal to accept a part time position does not affect the individual’s right to have his or her name placed on an appropriate preferred list
8 Oct 2014, 4:00 am by The Public Employment Law Press
Aurora Union Free Sch. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
The New Model Revenge Porn Law; Better, But… (Update)
6 Oct 2014, 5:20 am by SHG
There, an unidentified person intercepted and recorded a cell phone call between the president of a local teacher’s union and the union’s chief negotiator. [read post]
Simple Justice - http://blog.simplejustice.us
Determining the existence of an employer-employee relationship for the purposes of eligibility of Unemployment Insurance benefits and the payment of required employer contributions
24 Jun 2014, 4:00 am by The Public Employment Law Press
Union Free School Dist. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Alternative disciplinary procedures
18 Jun 2014, 4:00 am by The Public Employment Law Press
Alternative disciplinary procedures2014 NY Slip Op 04293, Appellate Division, Fourth Department, Motion for leave to appeal granted, Motion No: 2013-804, 2013 NY Slip Op 88892. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Schools roundup
28 May 2014, 9:05 pm by Walter Olson
California voters thought they’d reined in don’t-hurry-on-English “bilingual” instruction methods, but legislators have other ideas [Steven Greenhut, San Diego Union-Tribune] “Report: Too Much Regulation Is Hurting Scientists” [Inside Higher Ed via Instapundit; two earlier federal surveys "found principal investigators spend 42 percent of their time on administrative tasks"] This should end well: Mayor de Blasio hands keys to NYC school… [read post]
Overlawyered - http://overlawyered.com/
A public employer may impose restraints on First Amendment activities of its employees that are job-related that would be unconstitutional if applied to the public at large
8 May 2014, 4:00 am by The Public Employment Law Press
Dist., 2014 NY Slip Op 03189, Court of AppealsMembers of a teachers' union picketing on a public street in front of a district school) displayed picketing signs from their cars parked where parents were dropping their children off at school district’s Woodland School. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Terminated noncompetitive class employee having less than five years of service entitled to back pay and benefits under the terms of a collective bargaining agreement
18 Apr 2014, 4:00 am by The Public Employment Law Press
Terminated noncompetitive class employee having less than five years of service entitled to back pay and benefits under the terms of a collective bargaining agreement 2014 NY Slip Op 02061, Appellate Division, Second DepartmentThe Board of Education adopted the recommendation of a Civil Service Law §75 hearing officer finding the employee [Petitioner] guilty of misconduct and terminating her employment as a teacher's aid without back pay and employment benefits. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/