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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.
December 26, 2022
Grievances such as the one at issue in this action are arbitrable so long as no public policy, statutory, or constitutional provisions prohibit them and they are reasonably related to the provisions of the relevant Collective Bargaining Agreement [CBA] which requirement is satisfied when the CBA outlines a detailed procedural mechanism by which the grievant may seek arbitration.
Under New York law there is a broad presumption that "the public is entitled to access to judicial proceedings and court records".
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Facts pleading constitutional violations may be brought in a CPLR Article 78 proceeding.
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Existence of a special duty serves to overcome governmental function immunity by establishing an exception to the rule that a municipality, in performing a governmental function, owes a duty only to the public at large, and not to any particular individual.
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Determining whether certain compensation outlined in the collective bargaining agreement constitutes "regular salary or wages" for the purposes of calculating a retirees' General Municipal Law §207-a(2) supplement.
Click the following URL to access this decision posted on the Internet at: https://www.nycourts.gov/reporter/3dseries/2022/2022_07094.htm