Certain civil service positions in the classified service are placed in the "exempt" class reflecting the duties of the position are of a confidential nature and requires personal qualities that cannot practicably be tested by an examination. Subject to certain exceptions set out in §75.1(b) of the Civil Service Law, incumbents of positions in the Exempt Class are terminable at will.
The issue before the court: A challenge to a provision in the relevant
collective bargaining agreement that, in the words of the Court of Appeals, "purports to provide for-cause termination
protection to certain exempt class employees."*
The Court held that provision in the agreement unenforceable to the extent it granted such protections to officers and employees in the Exempt Class except as otherwise provided by §75.1(b) of the Civil Service Law.
*Although not all exempt class employees are officers of the entity, all exempt class officers of the entity are employees of the entity.
Click HERE to access the decision of the Court of Appeals posted on the Internet.