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

Also, §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 typically follows this protocol.

December 20, 2011

Settlement of grievance binds all unit employees


Settlement of grievance binds all unit employees
Decisions of the Commissioner of Education, Decision #10728

Former Section 3102 (6) of the Education Law (repealed in 1971) permitted School Boards to place newly employed teachers on the salary schedule reflecting prior teaching service.

In 1978 the Nanuet Teachers Association brought a grievance claiming the District had violated a contract provision by failing to properly calculate the length of service of teachers earlier granted “transfer credit.”

The grievance was “settled” in the course of arbitration. As a result 39 “otherwise eligible” teachers did not have their transfer credit counted in computing their eligibility for longevity increments.

The 39 educators appealed to the Commissioner of Education, contending claiming that the “settlement” was not binding upon them and, further, their employee organization did not fairly represent them.

The Commissioner rejected the appeal. He indicated that the 39 teachers, not having “opted out” were bound by the agreement. The employee organization had brought the grievance on their behalf (among others) and that part of the agreement (which provided the District would not reduce the number of teachers employed by the District) was to their benefit.

As to the argument that the agreement violated “unambiguous case law” regarding the recognition of transfer credit, the Commissioner ruled that teachers may waive their legal rights under situations such as this, and if done so on their behalf by the employee organization, it is binding upon them.

The expiration of the three-year term contemplated by the agreement did not alter the understanding reached as to transfer credit and the teachers could not now claim such credits as though the settlement had never been agreed to by the parties.

As a general rule, when an employee organization acts within its authority, all the persons it represents are bound by the results, unless individuals indicate, before the fact, that they do not intend to be bound by the results.

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 http://booklocker.com/books/5215.html

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

http://booklocker.com/books/7401.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


General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on

http://booklocker.com/books/3916.html


Please Note:

Subsequent court and administrative rulings, or additions or amendments to laws, rules and regulations may have modified or clarified or vacated or reversed or otherwise have had an impact on 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, REMEMBER THAT 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 DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.

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 in this blog is presented with the understanding that the publisher, editor, contributors or members of the staff are not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is advised to seek such advice from a competent professional.