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9 Jun 2011, 4:43 am
In Antinore v State [40 NY2d 6] the Court said that a union could bargain away the employee’s statutory disciplinary rights in favor of an alternative disciplinary procedure so long as the alternate procedure provided constitutional due process protections equivalent to those available under the statutary proceedure that it replaced. [read post]
9 Jun 2011, 4:43 am
In Antinore v State [40 NY2d 6] the Court said that a union could bargain away the employee’s statutory disciplinary rights in favor of an alternative disciplinary procedure so long as the alternate procedure provided constitutional due process protections equivalent to those available under the statutary proceedure that it replaced. [read post]
20 Jun 2013, 4:00 am
Further, the negotiated alternative disciplinary procedure must provided constitutional due process protections equivalent to those available under the statutory procedure [Antinore v State, 40 NY2d 6]. [read post]
24 Dec 2008, 12:10 pm
However, as the Court of Appeals indicated in Antinore v State, 40 NY2d 6, a collective bargaining agreement may provide for alternatives to the statutory provisions provided such modifications are consistent with administrative due process.The full text of the Commissioners decision is posted on the Internet at:[www.counsel.nysed.gov] [read post]
24 Aug 2009, 4:01 am
However, as the Court of Appeals indicated in Antinore v State, 40 NY2d 6, a collective bargaining agreement may provide for alternatives to the statutory provisions provided such modifications are consistent with administrative due process.The full text of the Commissioners decision is posted on the Internet at:[www.counsel.nysed.gov] [read post]
26 Jul 2010, 4:09 am
DeMarco from action of the New York City Department of Education regarding disciplinary charges, Decisions of the Commissioner of Education, No. 15,850,Nicola A. [read post]
16 Mar 2010, 10:10 pm
”The court cited Antinore v State of New York, 49 AD2d 6, affd 40 NY2d 921, the seminal case concerning the proposition that a unit member is bound by the terms and conditions negotiated by the union representing the collective bargaining unit.In Antinore the issue concerning the right of an individual to demand a disciplinary hearing pursuant to §75 of the Civil Service Law after being found guilty of disciplinary charges adjudicated… [read post]
17 Jun 2009, 4:10 am
"The court cited Antinore v State of New York, 49 AD2d 6, affd 40 NY2d 921, the seminal case concerning the proposition that a unit member is bound by the terms and conditions negotiated by the union representing the collective bargaining unit.In Antinore the issue concerning the right of an individual to demand a disciplinary hearing pursuant to §75 of the Civil Service Law after being found guilty of disciplinary charges… [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
However, because Thompson failed to commence her CPLR Article 78 action against her former employer, the New York City Department of Education (DOE), within the four-month limitations period governing claims filed under Article 78 or the one-year limitations period applicable to other claims against  provided for in Education Law §3813(2-b). [read post]
24 May 2016, 4:00 am by The Public Employment Law Press
New York courts have held that the disciplinary hearing may proceed and the employee tried in absentia provided, however, the appointing authority has complied with a number of procedural steps, including the following:1. [read post]
30 May 2008, 12:38 am
The decision points out that "Both State and Federal Courts have recognized that consti­tutional protections afforded public employees, including statutory due process rights, may be waived by unions acting on their behalf through entering into collective bargain­ing agreements with public employers," citing the landmark decision by the Court of Appeals in Antinore v State of New York, 40 NY2d 921. [read post]
7 Oct 2008, 11:03 am
The court held that the challenged arbitration process established by the arbitration agreement provided Guyden with an adequate opportunity to enforce her statutory rights.This ruling is consistent with the holding of New York's Court of Appeals in Antinore v State [40 NY2d 6]. [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
However, because Thompson failed to commence her CPLR Article 78 action against her former employer, the New York City Department of Education (DOE), within the four-month limitations period governing claims filed under Article 78 or the one-year limitations period applicable to other claims against  provided for in Education Law §3813(2-b). [read post]
17 Nov 2017, 4:00 am by Public Employment Law Press
However, because Thompson failed to commence her CPLR Article 78 action against her former employer, the New York City Department of Education (DOE), within the four-month limitations period governing claims filed under Article 78 or the one-year limitations period applicable to other claims against  provided for in Education Law §3813(2-b). [read post]
8 Sep 2011, 2:31 am
Responsibility for granting tenure may not be surrendered Croman v City University of New York, App. [read post]
13 Sep 2011, 5:13 am
” Levy also contended that the award violates the strong policy of the State of New York and “denies petitioner his Constitutional right to due process of law.... [read post]