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NYS Supreme Court's vacating an arbitration award on the ground that the arbitrator disregarded applicable substantive law held error
10 May 2024, 6:00 am by Public Employment Law Press
Matter of Buffalo Teachers' Fedn. [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/
When is Your Attorney Not Actually Your Attorney?
9 Jan 2012, 3:13 am by Andrew Lavoott Bluestone
  That relationship and the privity that is created is between the union and the attorney, and the member may not sue the attorney for legal malpractice. in Cruz v United Fedn. of Teachers  ;2011 NY Slip Op 33499(U); December 23, 2011 Supreme Court, New York County; Docket Number: 103386/11; Judge: Eileen A. [read post]
New York Attorney Malpractice Blog - http://blog.bluestonelawfirm.com/
Janus aftermath roundup
17 Jul 2018, 2:59 am by Walter Olson
LaPlante, USA Today] And now for something completely different: “After Janus, Conservatives and Teachers’ Unions Should Collaborate” [Max Eden; Erica L. [read post]
Overlawyered - http://overlawyered.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/
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/
Employee terminated for cause may grieve the employer’s denying the individual post-employment health insurance benefits
23 Jun 2011, 4:46 am
School Dist. v Union-Endicott Maintenance Workers' Assn., 2011 NY Slip Op 05167, Appellate Division, Third Department George Kolmel, was employed as a maintenance worker for some 35 years by the Union-Endicott Central School District. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Tenure by estoppel
27 Oct 2010, 4:15 am
., 2010 NY Slip Op 32963(U), October 15, 2010, Supreme Court, New York County. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
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/
Religious holidays provision in Taylor Law agreement held unconstitutional
29 Mar 2013, 12:46 pm
Similarly, in Port Washington Union Free School Dist. v Port Washington Teachers Assn., 268 AD2d 523, the Appellate Division ruled that a CBA provision that allowed a teacher to be absent with pay on "any of the religious holidays designated by the New York State Commissioner of Education" without charging his or her absence to leave credits violated the Establishment Clause of the First Amendment of the United States Constitution. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Appealing an administrative decision as provided in a CBA does not toll the Statute of Limitations for filing an Article 78 action
9 Feb 2009, 4:15 am
., 2009 NY Slip Op 50154(U), Decided on February 2, 2009, Supreme Court, Kings County, Justice Martin Schneier [not officially reported]Kifan Pak, a probationary teacher, was told that he would be terminated from his postion effective February 28, 2007. [read post]
New York Public Personnel Law - http://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/
Retirement System is required by law to correct errors in retirement benefit payments and seek repayment of excess benefits already paid to a retiree
29 Apr 2010, 7:40 am
Retirement System is required by law to correct errors in retirement benefit payments and seek repayment of excess benefits already paid to a retireeMatter of Palandra v New York State Teachers' Retirement Sys., 2010 NY Slip Op 50735(U), Decided on March 17, 2010, Supreme Court Albany County, Judge George B. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Education Law §3813 notice of claim involving “a matter of personal interest” distinguished from vindicating a “matter of public interest”
12 May 2010, 7:16 am
., Union Springs Cent. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
Tenure may be acquired by estoppel
19 Feb 2019, 4:00 am by Public Employment Law Press
*Citing McManus v Board of Educ. of Hempstead Union Free School District, 87 NY2d 183, the Appellate Division affirmed a Supreme Court's ruling that annulled New York City Department of Education's [DOE] discontinuing Petitioner's employment and directed the educator's reinstatement to her former position as a tenured teacher with back salary. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Tenure may be acquired by estoppel
19 Feb 2019, 4:00 am by Public Employment Law Press
*Citing McManus v Board of Educ. of Hempstead Union Free School District, 87 NY2d 183, the Appellate Division affirmed a Supreme Court's ruling that annulled New York City Department of Education's [DOE] discontinuing Petitioner's employment and directed the educator's reinstatement to her former position as a tenured teacher with back salary. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Negotiating job security provisions in the course of collective bargaining
23 Nov 2011, 4:27 am
" In contrast, in Yonkers School Crossing Guard Union of Westchester Ch., CSEA v City of Yonkers [Crossing Guard Union] (39 NY2d 964 [1976]), the Court of Appeals concluded that the CBA’s clauses stating "Present members may be removed for cause but will not be removed as a result of Post elimination" did not constitute a "job security" clause similar to those used Yonkers Fedn. of Teachers, and held the language in Crossing Guard… [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
"It is now indisputable, and almost undisputed, that the year and a quarter of virtual school imposed devastating consequences on the students who endured it."
18 Jan 2022, 11:23 am
The other was deference to teachers unions, who were organizing to keep schools closed. [read post]
Althouse - http://althouse.blogspot.com/
Employee organization may, through collective bargaining, negotiate away an employee’s statutory right to a disciplinary procedure provided an alternate procedure providing for administrative due process is available to the individual
9 Jun 2011, 4:43 am
"* The Board contended that the letters were properly placed in the teachers’ files because, pursuant to the controlling Collective Bargaining Agreement, their union had negotiated a waiver of the §3020-a procedures with respect to the placement of letters of reprimand in tenured teacher's files and it had been replaced with a different procedure. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Employee organization may, through collective bargaining, negotiate away an employee’s statutory right to a disciplinary procedure provided an alternate procedure providing for administrative due process is available to the individual
9 Jun 2011, 4:43 am
"* The Board contended that the letters were properly placed in the teachers’ files because, pursuant to the controlling Collective Bargaining Agreement, their union had negotiated a waiver of the §3020-a procedures with respect to the placement of letters of reprimand in tenured teacher's files and it had been replaced with a different procedure. [read post]
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/