New York Public Personnel Law: Not every criticism is a reprimand

August 06, 2011

Not every criticism is a reprimand

Not every criticism is a reprimand

Port Jefferson Union Free School District v. United Aids and Assistants, PERB decision U-5713

PERB rejected the Unions argument that every written criticism of an employee is a “reprimand” and therefore can only result from “disciplinary action.”

The case arose when, in response to an inquiry from the School Superintendent, the school principal made a number of recommendations including one that suggested “the Association ought not be brought in unless the immediate supervisor cannot or will not resolve the (grievance) problem.” This was viewed as a criticism of an employee.

The PERB decision is consistent with opinions issued by the Commissioner of Education and the Courts to the effect that letters in an employee’s personal file commenting on the employee’s conduct or performance the employer found unsatisfactory is not discipline.

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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.