Search for: "Tibbetts v. Tibbetts" Results 1 - 20 of 34
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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]
11 Dec 2020, 5:00 pm
 We thought of this in regard to Clarington v. [read post]
6 Mar 2022, 7:30 pm by Public Employment Law Press
In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
6 Mar 2022, 7:30 pm by Public Employment Law Press
In Donohue v Cuomo, 2022 NY Slip Op 00910, the New York State's Court of Appeals said:"In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement* (CBA) (see 22 NY3d 344, 354 [2013]). [read post]
9 Aug 2022, 7:00 am by Public Employment Law Press
Further, said the court, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms", citing Kolbe v Tibbetts, 22 NY3d 344 and other decisions. [read post]
9 Aug 2022, 7:00 am by Public Employment Law Press
Further, said the court, a written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms", citing Kolbe v Tibbetts, 22 NY3d 344 and other decisions. [read post]
9 Apr 2019, 4:00 am by Public Employment Law Press
"Citing Kolbe v Tibbetts, 22 NY3d 344, the Appellate Division observed that whether a provision in a collective bargaining agreement "is ambiguous is a question of law and extrinsic evidence may not be considered unless the document itself is ambiguous. [read post]
9 Apr 2019, 4:00 am by Public Employment Law Press
"Citing Kolbe v Tibbetts, 22 NY3d 344, the Appellate Division observed that whether a provision in a collective bargaining agreement "is ambiguous is a question of law and extrinsic evidence may not be considered unless the document itself is ambiguous. [read post]
9 Jan 2013, 4:00 am
Collective bargaining agreements relied upon did not obligate the employer to maintain a retiree’s health insurance coverage at the level in place at the time of his or her retirement Kolbe v Tibbetts, 2012 NY Slip Op 08899, Appellate Division, Fourth Department Certain retirees of the Newfane Central School District sued the District alleging that it had breached the terms of various collective bargaining agreements [CBA] with respect to their health insurance benefits… [read post]
30 Jul 2018, 4:00 am by Public Employment Law Press
In Burnham and UFT, 28 PERB 4590, PERB ruled that the union's "duty of fair representation" runs only to employees; there is no such duty with respect to former unit members such as retirees [See, also,  McDonald PBA v City of Geneva, 92 N.Y.2d 326; Kolbe v Tibbetts, 22 NY3d 344].** Retirees are not employees for the purposes of collective bargaining for the purposes of Article 14 of the Civil Service Law [the Taylor Law] The decision is… [read post]