TO SEARCH this database type in a key word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

State of New York vs. COVID-19 - Governor Andrew M. Cuomo periodically updates New Yorkers on the state's progress during the ongoing COVID-19 pandemic. The latest reports of the number of new cases, the percentage of tests that were positive and many other relevant data points concerning COVID-19 are available at

N.B. §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL applies this protocol to individuals referred to in a decision self-identifying as LGBTQA+.

January 10, 2011

One party to a collective bargaining agreement cannot compel arbitration of a dispute unless the agreement explicitly so provides

One party to a collective bargaining agreement cannot compel arbitration of a dispute unless the agreement explicitly so provides
Matter of Onondaga Community Coll. v Onondaga Community Coll. Fedn. of Teachers & Adm'rs Aft, Local 1845, 2010 NY Slip Op 09835, Appellate Division, Fourth Department

It is “black letter law” that "A party to an agreement may not be compelled to arbitrate its dispute with another unless the evidence establishes the parties' clear, explicit and unequivocal' agreement to arbitrate."

Citing God's Battalion of Prayer Pentecostal Church, Inc. v Miele Assoc., LLP, 6 NY3d 371, the Appellate Division ruled that Supreme Court was correct when it granted Onondaga Community College’s Article 75 motion to stay the arbitration of a grievance filed by an employee whose employment was terminated during his probationary period.

Here, said the court, the employee, a software systems administrator, was terminated within three months after he was hired, “while he undisputedly was a probationary employee.” As the controlling collective bargaining agreement [CBA], explained the Appellate Division, “explicitly excludes the termination of employment of probationary administrators” from the grievance procedures set out in the CBA, including the right to arbitration, Supreme Court correctly granted the College’s motion to stay the arbitration.*

The Appellate Division rejected the Federations characterization of the grievance as “one challenging [the College’s] failure to evaluate the employee in question after nine months pursuant to Article IV of the CBA….”

In the words of the court, “The heart of this dispute is the termination of employment, and any failure by [Onondaga Community College] to comply with the evaluation procedures … is irrelevant in view of the CBA provision rendering arbitration unavailable to probationary administrators who are terminated.”

* The collective bargaining agreement provided that administrators "serving in a probationary period other than a probationary period attendant to and resulting from promotions shall not have [any] right, relief, or access to contest disciplinary action, including dismissal from employment, under the grievance procedure contained herein."

The decision is posted on the Internet at:

Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on

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

Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on disability benefits available to public officers and employees employed by New York State and its political subdivisions. For more information click on