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Friday, May 19, 2017

An employee's failure to use the grievance procedure set out in the relevant collective bargaining agreement before commencing an Article 78 action may not be excused by the court


An employee's failure to use the grievance procedure set out in the relevant collective bargaining agreement before commencing an Article 78 action may not be excused by the court

Supreme Court annulled the New York City's Board of Education's [BOE] discontinuing Petitioner's probationary employment and ordered BOE to reinstate Petitioner to her former position "with full salary and benefits retroactive to September 30, 2014." The Appellate Division unanimously vacated the Supreme Court's ruling, "on the law" with respect to Petitioner's reinstatement to her former position and payment of "full salary and benefits," but found that Petitioner was entitled to nine days' pay because she was given inadequate notice of her termination.

Only registered individuals may access the complete text of the material posted on New York Public Personnel Law Such access, however, requires a one-time payment of $125 [U.S.] as a Registration Fee for your permanent registration as a NYPPL user. Click the button below to pay your registration fee with your credit card via PayPal: • •
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