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Grievances such as the one at issue in this action are arbitrable so long as no public policy, statutory, or constitutional provisions prohibit them and they are reasonably related to the provisions of the relevant Collective Bargaining Agreement [CBA] which requirement is satisfied when the CBA outlines a detailed procedural mechanism by which the grievant may seek arbitration.
25 Dec 2022, 11:10 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Under New York law there is a broad presumption that "the public is entitled to access to judicial proceedings and court records".
25 Dec 2022, 11:09 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06848.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Under New York law there is a broad presumption that "the public is entitled to access to judicial proceedings and court records".
25 Dec 2022, 11:09 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06848.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Facts pleading constitutional violations may be brought in an Article 78 proceeding.
25 Dec 2022, 11:08 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07018.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Facts pleading constitutional violations may be brought in an Article 78 proceeding.
25 Dec 2022, 11:08 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07018.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.
25 Dec 2022, 11:07 pm by Public Employment Law Press
 Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06918.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.
25 Dec 2022, 11:07 pm by Public Employment Law Press
 Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06918.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining whether certain compensation outlined in the collective bargaining agreement (CBAs) constitutes "regular salary or wages" for the purposes of calculating a retirees' General Municipal Law §207-a(2) supplement.
25 Dec 2022, 11:06 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07094.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Determining whether certain compensation outlined in the collective bargaining agreement (CBAs) constitutes "regular salary or wages" for the purposes of calculating a retirees' General Municipal Law §207-a(2) supplement.
25 Dec 2022, 11:06 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07094.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
25 Dec 2022, 11:05 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Applicant for performance of duty disability retirement benefits "bore the burden of proving that [s]he was 'physically or mentally incapacitated from performance of duty as the natural and proximate result of a disability sustained in such service'".
25 Dec 2022, 11:05 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_06968.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court of Claims properly dismissed the class action claims as claimants failed to satisfy the pleading requirements found in Court of Claims Act §11(b), which must be strictly construed.
25 Dec 2022, 11:04 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:    https://www.nycourts.gov/reporter/3dseries/2022/2022_06878.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Court of Claims properly dismissed the class action claims as claimants failed to satisfy the pleading requirements found in Court of Claims Act §11(b), which must be strictly construed.
25 Dec 2022, 11:04 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:    https://www.nycourts.gov/reporter/3dseries/2022/2022_06878.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arbitrating disputes involving General Municipal Law §207-a benefits pursuant to an arbitration clause in the collective bargaining agreement.
25 Dec 2022, 11:03 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Arbitrating disputes involving General Municipal Law §207-a benefits pursuant to an arbitration clause in the collective bargaining agreement.
25 Dec 2022, 11:03 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07095.htm [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement.
25 Dec 2022, 11:02 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07124.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Claimant who voluntarily withdraws from the labor market by retiring is not entitled to workers' compensation benefits unless the claimant's disability caused or contributed to the retirement.
25 Dec 2022, 11:02 pm by Public Employment Law Press
Click the following URL to access this decision posted on the Internet at:  https://www.nycourts.gov/reporter/3dseries/2022/2022_07124.htm  [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Union member subject to the collective bargaining agreement (CBA) is required to avail himself of the grievance procedure set forth in the CBA before commencing an action pursuant to CPLR Article 78.
25 Dec 2022, 11:01 pm by Public Employment Law Press
The Amorosano-LePore decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2008/2008_09073.htm   [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Union member subject to the collective bargaining agreement (CBA) is required to avail himself of the grievance procedure set forth in the CBA before commencing an action pursuant to CPLR Article 78.
25 Dec 2022, 11:01 pm by Public Employment Law Press
The Amorosano-LePore decision is posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2008/2008_09073.htm   [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Twitter: Daten von 400+ Millionen Nutzern stehen zum Verkauf
25 Dec 2022, 6:10 am by Rechtsanwalt Martin Steiger
In diesem Zusammenhang läuft inzwischen ein Verfahren bei der irischen Datenschutz-Aufsichtsbehörde: «The Data Protection Commission (‹the DPC›) today launched an own-volition inquiry […] in relation to multiple international media reports, which highlighted that one or more collated datasets of Twitter user personal data had been made available on the internet. [read post]
Steiger Legal - http://www.steigerlegal.ch/