Seniority for the purposes of layoff and reinstatement from a preferred list set out in "settlement agreement"
As the Appellate Division held in City of Plattsburgh v Local 788, 108 AD2d 1045, this element – an individual’s seniority for the purposes of layoff – may neither be diminished or nor impaired by the terms of collective bargaining agreement with respect to incumbents of positions in the Competitive Class.
The collective bargaining agreement between Plattsburgh and the Union provided if there were to be demotions in connection with a layoff, the "date of hire" was to be used to determine an employee's seniority. However, the "date of hire" might not necessarily be the same date required to be used to determine an individual's service for seniority purposes in layoff situation under State law, typically the individual's date of initial permanent appointment in public service.
As the Court of Appeals held in County of Chautauqua v. Civil Service Employees Ass'n, 8 N.Y.3d 513, “Once such an informed decision as to which positions are to be [abolished] is made, §80(1) obligates the employer to respect the seniority rights of its employees."