New York Public Personnel Law: Touching all the bases when a union wishes to initiate litigation on behalf of its members

January 13, 2023

Touching all the bases when a union wishes to initiate litigation on behalf of its members

An organization such as a union wishing to file a claim on behalf of its members must:

[1] establish that it has organizational standing to bring such claim;

[2] show that at least one of its members would have standing to sue;

[3] that it is representative of the organizational purposes it asserts; and

[4] that the case would not require the participation of individual members.

Click on the URL below to access this decision posted on the Internet: https://www.nycourts.gov/reporter/3dseries/2022/2022_07484.htm

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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.