Timely filing of a grievance
Hill v NYC Board of Ed., 258 AD2d 462
A collective bargaining agreement provided that an employee must file a grievance “within a reasonable period not to exceed 75 days following the action complained of.” The agreement also provided that an arbitration panel “shall be without power or authority to make any decision ... contrary to, or inconsistent with, or modifying or varying in any way, the terms of this agreement....”
Stanley W. Hill filed a grievance that involved various events, some of which were less than 75 days old and some of which were more than 75 days old. The arbitration panel assumed jurisdiction, ruling that the 75-day period of limitations ran from “when the grievant ‘discovered’ the infraction.” It then upheld Hill’s grievance.
The Board of Education filed an Article 75 petition [Article 75, Civil Practice Law and Rules] seeking to have the award vacated on the grounds that the arbitration panel “exceeded an express limitation of its powers.” This is one of the few grounds set out in Article 75 that would allow a court to vacate an arbitration award.
The Appellate Division sustained the board’s determination. However, the court noted that part of the award covered a portion of the grievance that was filed within the Statute of Limitations. It confirmed that portion of the award. However, the court vacated the rest -- all redress based on events occurring more than 75 days prior to his filing of his grievance.
NYPPL
Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.
ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS
CAUTION
Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard.
Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law.
Email: publications@nycap.rr.com