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.

Oct 21, 2015

Long impasse in collective bargaining could result in a challenge to the Taylor Law

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Long impasse in collective bargaining could result in a challenge to the Taylor Law Source: Buffalo News article An item in the Buffalo New...

Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation

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Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of con...
Oct 20, 2015

Disclosing information that a "whistle-blower believes constitutes an improper governmental action

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Disclosing information that a "whistle-blower believes constitutes an improper governmental action Gaffney v Addison , 2015 NY Slip Op ...
Oct 19, 2015

Union did not waive its right to arbitrate its salary contract grievance as it was not a party in a federal FLSA action commenced by unit member

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Union did not waive its right to arbitrate its salary contract grievance as it was not a party in a federal FLSA action commenced by unit ...
Oct 17, 2015

Selected Reports issued by the Office of the State Comptroller during the week ending October 17, 2015

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Selected Reports issued by the Office of the State Comptroller during the week ending October 17, 2015 Click on text highlighted in color ...
Oct 16, 2015

Some exceptions to the Doctrine of the Exhaustion of Administrative Remedies

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Some exceptions to the Doctrine of the Exhaustion of Administrative Remedies McLaughlin v Hankin, 2015 NY Slip Op 07272, Appellate Division...
Oct 15, 2015

Unemployment insurance benefits denied because claimant’s employment was terminated due to misconduct

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Unemployment insurance benefits denied because claimant’s employment was terminated due to misconduct Matter of Malcolm (Honeoye Falls-Lima ...
Oct 14, 2015

A correction officer’s work-related injury must be caused by direct interaction with an inmate in order to qualify for RSSL §507-b disability retirement benefits

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A correction officer’s work-related injury must be caused by direct interaction with an inmate in order to qualify for RSSL §507-b disabilit...
Oct 13, 2015

Only persons who are directly affected by the act or omission being challenged have standing to appeal to the Commissioner of Education pursuant to Education Law §310

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Only persons who are directly affected by the act or omission being challenged have standing to appeal to the Commissioner of Education purs...
Oct 9, 2015

A court’s review of the disciplinary penalty imposed on an employee is whether the penalty imposed constitutes an abuse of discretion as a matter of law

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A court’s review of the disciplinary penalty imposed on an employee is whether the penalty imposed constitutes an abuse of discretion as a m...

Is it a health insurance claim or a workers compensation claim?

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Is it a health insurance claim or a workers compensation claim? Source: CFO Daily Alert The CFO Daily Alert reports that for some common a...
Oct 8, 2015

Application of a former police officer removed from the position by operation of law for reinstatement to the position denied

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Application for reinstatement of a former police officer removed from the position pursuant to Public Officers Law §30(1)(e) denied Roth v ...
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