Independent contractor denied retirement system credit

Independent contractor denied retirement system credit

Senapole v. Field, 88 A.D.2d 1012

The Town of Colonie designated a person to serve as “clerk of the works” for a Town building project. When he was denied retirement credit (he was a member of the Employees Retirement System in connection with previous State employment) he sued the Town.

The Appellate Division held that as the “owner’s representative” Senapole served as an independent contractor and therefore he was not an employee of the Town.

Noting that Senapole had no superior who supervised his work, reported to the Town Supervisor regarding the progress of the project, and that he was not on the Town’s payroll (Senapole was paid by “voucher”), the Court concluded that he was not an employee for the purposes of the Retirement and Social Security Law. 

Union gets employer's records under Freedom of Information Law

Union gets employer's records under Freedom of Information Law

Matter of Quirk v Evans, 116 Misc.2d 554

When the Office of Court Administration resisted a union demand for documents it wanted in connection with its challenge to job classifications, the Union sued.

Supreme Court said the Union had a right to the information it sought to obtain under the Freedom of Information Law.

OCA is not “a court” and its records are not automatically exempt from disclosure.

In the federal sector, the Federal Labor Relations Authority held that the Union had a “special status” as an employee representative and therefore is entitled to information normally outside the (federal) Freedom of Information Act (8 FLRA 108)

An arbitrator’s power to issue an arbitration award is limited to those powers set out in the collective bargaining agreement

An arbitrator’s power to issue an arbitration award is limited to those powers set out in the collective bargaining agreement

Matter of Matter of County of Putnam v Putnam County Sheriff's Employees Assn., Inc., 2011 NY Slip Op 09320, Appellate Division, Second Department

In this CPLR Article 75 action the County asked Supreme Court to vacate an arbitration award. The Sheriff’s Employees Association, on the other hand, cross-petition the court to confirm the award. 

Supreme Court granted the County’s Petition and the Association appealed.

The Appellate Division said that “A court may vacate an arbitration award on the ground that the arbitrator exceeded his power only where the arbitrator's award violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation on the arbitrator's power.”

Here, said the Appellate Division, Supreme Court properly found that the arbitrator, in effect, “revised, modified, and altered the parties' agreement, which was specifically prohibited by the arbitrator's powers defined in the parties' collective bargaining agreement.”

Thus, ruled the court, Supreme Court properly granted the County’s petition to vacate the award and denied the Association’s cross motion to confirm the award.

The decision is posted on the Internet at:

http://www.courts.state.ny.us/reporter/3dseries/2011/2011_09320.htm