ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

March 07, 2022

The vesting of retiree health insurance rights

In Danny Donohue, et al., Appellants, v Andrew M. Cuomo, et al., Respondents, et al., Defendants, New York State's Court of Appeals said that "In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement (CBA) (see 22 NY3d 344, 354 [2013] *). The Supreme Court [of the United States] subsequently rejected such inferences as incompatible with ordinary contract principles under federal law in M and G Polymers USA, LLC v Tackett (574 US 427 [2015]) and CNH Industrial N.V. v Reese (583 US 138 S Ct 761 [2018]), repudiating International Union, United Auto., Aerospace, and Agric. Implement Workers of Am. (UAW) v Yard-Man, Inc. (716 F2d 1476 [6th Cir 1983], cert denied 465 US 1007 [1984]) and its progeny. In response to questions certified to [it] by the United States Court of Appeals for the Second Circuit, [the New York State Court of Appeals concluded] that Yard-Man-type inferences favoring such vesting are likewise inconsistent with New York's established contract interpretation principles."

* Subdivision 6 of Civil Service Law §209-a provides as follows: "In applying [209-a, Improper employer practices; improper employee organization practices], fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.

The Donohue decision is posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_00910.htm.

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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, 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, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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.
New York Public Personnel Law. Email: publications@nycap.rr.com