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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 forward.ny.gov.

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+.

June 4, 2012

Changing payroll-payment mode a mandatory subject of collective bargaining


Changing payroll-payment mode a mandatory subject of collective bargaining
United College Employees of Fashion Institute of Technology and Fashion Institute of Technology, PERB U-27057

The Board affirmed the decision of the ALJ that FIT violated §209a.1(d) of the Act when it unilaterally changed a past practice of paying day adjunct faculty represented by UCE on the basis of 16 weeks of work, thereby reducing their salaries by one-sixteenth.

Finding that a cognizable past practice of payment for 15 weeks of instruction and one week of registration had existed for almost 30 years established a reasonable expectation that it would continue unchanged, the Board rejected FIT's argument that it had no actual or constructive knowledge of the practice.

The amount in the annual budget represented by the 16th week, the actions of management employees in approving both payroll and the budget along with the longevity of the practice were considered by the Board.

The Board also found that the practice involved wages and the method for calculating the payment of salary, both mandatory subjects of negotiations.

Finally, the Board rejected FIT's argument that the payment for the 16th week, during which little or no duties might be performed, was an unconstitutional gift of public monies.

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