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Seniority for the purposes of layoff set out in the Civil Service Law and the Education Law trump those set out in a collective bargaining agreement
30 Oct 2011, 6:24 pm
Auth. v Transport Workers Union of Am., Local 100, 2011 NY Slip Op 07431, Appellate Division, Second Department In 1999 the New York City Transit Authority (“NYCTA”), its subsidiary, the Manhattan and Bronx Surface Transit Operating Authority (“MABSTOA”) and the Transport Workers Union of America, Local 100 (“TWU”),… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Using a CBA provision allowing an arbitrator to impose a different penalty than is otherwise mandated by the CBA is for the arbitrator to decide
19 Feb 2010, 4:20 am
Auth. v Transport Workers Union of Am., Local 100, 2010 NY Slip Op 01378, decided on February 18, 2010, Court of AppealsThe New York City Transit Authority (TA) alleged that one of its Conductors assaulted a member of the public on a subway platform and filed disciplinary charges seeking the termination of the employee.The relevant part of the collective bargaining agreement controlling such… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Employer's motion to confirm an arbitration award granted
7 Feb 2023, 5:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employer's motion to confirm an arbitration award granted
7 Feb 2023, 5:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review seeking the vacating of an arbitration award limited
13 Mar 2023, 6:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, and other decisions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Judicial review seeking the vacating of an arbitration award limited
13 Mar 2023, 6:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, and other decisions. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee terminated after failing to provide a urine sample for a drug test
15 May 2023, 6:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100 AFL-CIO, 6 NY3d 332*; 2. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee terminated after failing to provide a urine sample for a drug test
15 May 2023, 6:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100 AFL-CIO, 6 NY3d 332*; 2. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
An arbitrator's award may only be vacated by a court if it violates public policy, is irrational or it exceeds specified limitations on the arbitrator's power
15 Sep 2017, 4:00 am by The Public Employment Law Press
Auth. v Transport Workers Union of Am., Local 100, 14 NY3d 119, noted that in that action the Court of Appeals indicated it had recognized "three narrow grounds that may form the basis for vacating an arbitrator's award—that it violates public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
In addition, in Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Modifying or vacating an arbitration award after a consensual arbitration
29 May 2020, 12:00 am by Public Employment Law Press
Citing Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Modifying or vacating an arbitration award after a consensual arbitration
29 May 2020, 4:00 am by Public Employment Law Press
Citing Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Guidelines followed controlling the judicial review of an arbitrator's ruling
13 Jan 2020, 4:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332.Supreme Court had concluded:1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Guidelines followed controlling the judicial review of an arbitrator's ruling
13 Jan 2020, 4:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332.Supreme Court had concluded:1. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
In addition, in Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Challenging an arbitration award
1 Dec 2017, 4:00 am by Public Employment Law Press
In addition, in Matter of New York City Tr. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining the appropriate "judicial scrutiny standard" when considering an application to vacate an arbitration award
24 Jul 2019, 4:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, the court explained that the arbitration proceeding at issue, which was conducted pursuant to the parties' collective bargaining agreement, was consensual in nature and therefor subject to the limited scope of review established by CPLR §7511. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining the appropriate "judicial scrutiny standard" when considering an application to vacate an arbitration award
24 Jul 2019, 4:00 am by Public Employment Law Press
Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, the court explained that the arbitration proceeding at issue, which was conducted pursuant to the parties' collective bargaining agreement, was consensual in nature and therefor subject to the limited scope of review established by CPLR §7511. [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
Auth. v Transport Workers Union of Am., Local 100, AFL—CIO, 99 NY2d 1. [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/