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June 20, 2011

Election of a remedy


Election of a remedy
Appeal of A.D. – Decisions of the Commissioner of Education, Decision No. 15,492

A tenured math teacher attempted to appeal a personnel matter to the Commissioner of Education. The Commissioner declined to assume jurisdiction in the matter pointing out that the appeal concerned a matter that had earlier been considered under a contract grievance procedure involving the same parties.

The Commissioner said that a school employee who elects to submit an issue for resolution through a contractual grievance procedure may not bring an appeal to the Commissioner for review of the same matter. As the record reflects that A.D. brought a grievance “on the very same issues that are the subject of this appeal and the grievance resulted in a final determination reached on January 29, 2006,” that decision precluded review by the Commissioner. 

The Commissioner cited Appeal of Coughlin, 41 Ed Dept Rep 484 and Decision No. 14,751 in support of his ruling.

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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