New York Public Personnel Law: Parties may negotiate pre-disciplinary suspension procedures in the course of collective bargaining

July 27, 2015

Parties may negotiate pre-disciplinary suspension procedures in the course of collective bargaining

Parties may negotiate pre-disciplinary suspension procedures in the course of collective bargaining
Transport Workers Union of Greater N.Y. v Bianco, 2015 NY Slip Op 06041, Appellate Division, First Department

The Appellate Division said Supreme Court properly dismissed the Transport Workers Union's complaint alleging that the collective bargaining agreement provision setting forth procedures for pre-disciplinary suspensions was void under Civil Service Law §75.

The court said that "Rights under Civil Service Law §75 may be supplemented, modified or replaced by the terms of a collective bargaining agreement," which is the case here with respect to disciplinary grievance procedures set forth under the Civil Service Law, “including those concerning pre-disciplinary suspensions.”

§76.4 of the Civil Service Law, in pertinent part, provides that §§75 and 76 of the Civil Service Law relating to the removal or suspension of “officers or employees in the competitive class of the civil service of thestate or any civil division” may be supplemented, modified or replaced by agreements negotiated between the state and an employee organization pursuant to Article 15 of the Civil Service Law.

In Antinore v State, 40 NY2d 6, the Court said that a union could bargain away a collective bargaining unit member’s statutory disciplinary rights in favor of an alternative disciplinary procedure as long as the alternate procedure provided constitutional due process protections equivalent to those available under the statutory procedure that it replaced.

The Transport Workers Union v Bianco decision is posted on the Internet at:

http://www.nycourts.gov/reporter/3dseries/2015/2015_06041.htm

The Antinore decision is posted on the Internet at:

http://ny.findacase.com/research/wfrmDocViewer.aspx/xq/fac.19750718_0043291.NY.htm/qx

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.

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.