Wednesday, June 13, 2012

Failure to cooperate defeats allegations the union violated Civil Service Law §209-a [The Taylor Law] when it withdrew from representing the individual in a disciplinary proceeding


Failure to cooperate defeats allegations the union violated Civil Service Law §209-a [The Taylor Law] when it withdrew from representing the individual in a disciplinary proceeding
Ronald Grassel and United Federation Of Teachers, Local 2, PERB Case U-29040

PERB Administrative Law Judge Blassman dismissed the charge which alleged that the United Federation of Teachers [UFT] violated §209-a.2(a) and (c) of the Act when it withdrew as Grassel’s representative in his Education Law §3020-a disciplinary proceeding.

The ALJ found that the UFT did not act arbitrarily, discriminatory or in bad faith when it withdrew as Grassel’s representative, the standard required for such violations.

The record showed that NYSUT, which was representing Grassel on behalf of the UFT, withdrew as Grassel’s representative because Grassel sent a letter to the arbitrator in which he made various motions and requests to the arbitrator and refused to rescind that letter upon NYSUT’s request. The ALJ found that, by making motions and requests normally reserved for the assigned attorney, Grassel had failed to cooperate with NYSUT in his representation and had impinged upon the negotiating representative’s rights under the Act to make litigation and trial decisions.

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

Challenging Adverse Personnel Decisions at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

Caution:

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed 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. 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 is not providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader should seek such advice from a competent professional.

Items published in NYPPL may not be used for commercial purposes without prior written permission to copy and distribute such material. Send your request via e-mail to publications@nycap.rr.com

Copyright© 1987 - 2017 by the Public Employment Law Press.



___________________



N.B. From time to time a political ad or endorsement may appear in the sidebar of this Blog. NYPPL does not have any control over such posting.

_____________________

.