ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

December 05, 2011

Interested in becoming a paralegal?

Interested in becoming a paralegal?

Shelby Crockett has created a Paralegal Education site called HOW TO BECOME A PARALEGAL, Complete Guide To Paralegal Schools And Degrees.

It is posted on the internet at  http://www.howtobecomeaparalegal.com and provides a comprehensive resource for persons seeking information concerning preparing to become a paralegal.

In addition, there is a link to a Blog listing various
Resources and Technology related items that could be useful to paralegals as well as other helpful information.

Employer held to have committed an unfair labor practice when it unilaterally discontinued certain pension benefits.

Employer held to have committed an unfair labor practice when it unilaterally discontinued certain pension benefits.
City of Erie [Pennsylvania] v Pennsylvania Labor Relations Board, Docket # 24 WAP 2010

The International Association of Firefighters, Local 293, AFL-CIO, the exclusive bargaining representative of a unit of firefighters and other personnel employed by the City of Erie, negotiated several previous collective bargaining agreements.

In this action the Local alleged that the City had violated the terms of a contract for the period from January 1, 2005 to December 31, 2007 when it unilaterally eliminated lawful firefighter pension benefits without first collectively bargaining with the firefighters' representative.

Pennsylvania’s Collective Bargaining by Policemen and Firemen Act requires negotiation over the modification or elimination of pension benefits.

Supreme Court found no applicable exception to this statutory mandate, reversing the order of the Commonwealth Court rejecting the Local’s claims.

The decision is posted on the Internet at:

Employees cannot avoid competitive examination otherwise required


Employees cannot avoid competitive examination otherwise required
Bloomberg-Dubin v Board of Education, 82 AD2d 854, affd 56 NY2d 555

In a case involving the question of whether the New York City Board of Education could require certain teachers to be subject to appointment and licensing by competitive examination, the court stated that the Board could not be stopped from requiring that the competitive examination be held.

Although the teachers involved held “conditional certificates”, they were required to take the examination ordered by the Board.




Refusal to provide doctor’s note concerning absence from work


Refusal to provide doctor’s note concerning absence from work
Carr v. Ross, 81 A.D.2d 999

A teacher, absent for five days, was paid for three days of the absence alleged due to a back injury but the school district refused to pay for absence beyond the third day without a doctor’s note verifying an illness or injury.

The teacher refused to provide a doctor’s note and resigned “because of his employer’s insistence that he furnish a doctor’s note before he would be paid for two of the days he was absent”. He also stated that he belonged to a religious group that forbids the use of medical doctors except in life or death situations.

The Unemployment Insurance Appeals Board found that the educator had left employment for personal and non-compelling reasons and disqualified him for benefits.


Using time cards

Using time cards
Walker v. Washington, 657 F2d 541

An employee, claiming that his agency’s requirement that he fill out and sign a time card was demeaning, degrading and incriminating, sued the State of Washington. The Circuit Court of Appeals held that requiring an employee to complete a time card was not an “illegal search” and that the employer could properly ask an employee to account for the time for which he was being paid.

The Supreme Court declined to hear the appeal from the decision filed by Walker.

CAUTION

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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
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.
New York Public Personnel Law. Email: publications@nycap.rr.com