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Friday, December 28, 2012

Arbitrator’s ruling employee worked “out-of-title” does not violate public policy


Arbitrator’s ruling employee worked “out-of-title” does not violate public policy
County of Westchester v Edward Doyle, Jr., 43 AD3d 1055

Westchester County filed a CPLR Article 75 petition in an effort to vacate an arbitration award holding that one of employees had been working “out-of-title” on the grounds that the award constituted a “violation of public policy.” The Appellate Division disagreed, ruling that “public policy was not violated here merely because the determination that the respondent William Leverance was working out-of-title was made by an arbitrator.”

Another issue involved in this action: what is the date from which interest on the addition compensation due the employee is payable?

The Appellate Division said, and the employee conceded, interest was to be paid from the date of the arbitration award, rather than from the date from which the employee was entitled to compensation for his performing out-of-title work.

The decision is posted on the Internet at:

Handbooks focusing on New York State and Municipal Public Personnel Law:

The Discipline Book - A 458 page guide to disciplinary actions involving public officers and employees. For more information click on http://booklocker.com/books/5215.html

The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html

The Disability Benefits E-book: - This 810 page e-book focuses on disability benefits available to officers and employees in public service pursuant to Civil Service Law §§71, 72 and 73, General Municipal Law §207-a and §207-c, the Retirement and Social Security Law, the Workers’ Compensation Law, and similar provisions of law. For more information click on: http://section207.blogspot.com/

A Reasonable Penalty Under The Circumstances - a 618-page volume focusing on New York State court and administrative decisions addressing an appropriate disciplinary penalty to be imposed on an employee in the public service found guilty of misconduct or incompetence. For more information click on http://booklocker.com/7401.html

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