New York Public Personnel Law

Summaries of, and commentaries on, selected court and administrative decisions and related matters affecting public employers and employees in New York State in particular and possibly in other jurisdictions in general.

Dec 13, 2013

Employee’s appointment from an open competitive list to a higher grade position deemed a promotion within the meaning of Civil Service Law §63(1) under a local civil service commission’s rules

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Employee’s appointment from an open competitive list to a higher grade position deemed a promotion within the meaning of Civil Service Law ...
Dec 12, 2013

Appointing authority not required to offer a probationary employee a second extension of his or her probationary period

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Appointing authority not required to offer a probationary employee a second extension of his or her probationary period 2013 NY Slip Op 076...
Dec 11, 2013

Adequate evidence in the record supported the arbitrator’s determination that the employee was guilty of disciplinary charges filed against him

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Adequate evidence in the record supported the arbitrator’s determination that the employee was guilty of disciplinary charges filed against...
Dec 10, 2013

A school board’s statutory discretion to set additional qualifications for appointment of an educator may not be impaired through collective bargaining.

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A school board’s statutory discretion to set additional qualifications for appointment of an educator may not be impaired through collectiv...
Dec 9, 2013

Employee placed on administrative leave without pay after failing to report to work

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Employee placed on administrative leave without pay after failing to report to work 2013 NY Slip Op 07183, Appellate Division, Second Depar...

Refusing to use employer supplied equipment that was mandatory in performing the duties of the position results in dismissal of the employee

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Refusing to use employer supplied equipment that was mandatory in performing the duties of the position results in dismissal of the employe...
Dec 7, 2013

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 7, 2013

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Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli during the week ending December 7, 2013 C...
Dec 6, 2013

Employee dismissed notwithstanding having earlier resigned from the position and recorded as having been terminated from the position

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Employee dismissed notwithstanding having earlier resigned from the position and recorded as having been  terminated from the position 2013...

Termination follows employee’s refusal to participate in training in a new position

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Termination follows employee’s refusal to participate in training in a new position 2013 NY Slip Op 08115, Appellate Division, First Depart...
Dec 5, 2013

Transgender client of New York City's HIV/AIDS Service Administration sue after agency refused to change its records to reflect her legal name and change of gender

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Transgender client of New York City's HIV/AIDS Service Administration sues after agency refused to change its records to reflect her l...
Dec 4, 2013

Powers of the arbitrator set out in a collective bargaining agreement may not be enlarged without the informed agreement of the parties

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Powers of the arbitrator set out in a collective bargaining agreement may not be enlarged without the informed agreement of the parties To...
Dec 3, 2013

Automatic termination of certain NYC Emergency Medical Service employees violating the Department’s zero drug tolerance policy not subject to collective bargaining

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Automatic termination of certain NYC Emergency Medical Service employees violating the Department’s zero drug tolerance policy not subject...
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