Alleged violations of a "Memorandum of Understanding" to a Taylor Law agreement may not be subject to contract grievance procedures

Alleged violations of a "Memorandum of Understanding" to a Taylor Law agreement may not be subject to contract grievance procedures
Pine Plains CSD v Federation of Teachers, 248 A.D.2d 612

It is not unusual for parties to a collective bargaining agreement to agree to provisions set out in a “supplemental agreement” or to sign a “memorandum of understanding” in the course of collective bargaining pursuant to the Taylor Law.

Typically this device is used to set out provisions that although they have been agreed upon, for some reason, one or both of the parties do not wish to have the item set out in the collective bargaining agreement. In other instances, the supplemental agreement or memorandum of understanding is used to explain or modify a term or contract provision contained in the agreement or provide something after negotiations have been completed.

The Pine Plains Central School District case considers a significant issue: how does a party resolve a dispute concerning a provision contained in a supplemental agreement or in a memorandum of understanding?

The case arose when the Pine Plains Federation of Teachers demanded that its grievance concerning an alleged violation of a provision contained in a “supplemental memorandum of agreement” between the parties be submitted to arbitration in accordance with the arbitration procedure set out in the collective bargaining agreement in chief between the District and the Federation.

The District won a stay of arbitration of the alleged violation on the grounds that the supplement did not contain an arbitration clause nor was the contract grievance/arbitration procedure incorporated by reference into the supplement agreement.

According to the ruling by the Appellate Division, unless there is an arbitration process specifically set out in a supplement to a collective bargaining agreement or a memorandum of understanding, or the supplement or memorandum specifically states that the collective bargaining agreement in chief's arbitration procedure will be used to resolve disputes arising under it, a party cannot demand that the issue be submitted to arbitration as a matter of right.

Delay in issuing arbitration decision did not constitute misconduct by the arbitrator within the meaning of Article 75 of the CPLR

Delay in issuing arbitration decision did not constitute misconduct by the arbitrator within the meaning of Article 75 of the CPLR
Squillini v State of New York, App. Div., 248 A.D.2d 391

Michael A. Squillini, a maintenance supervisor, was served with disciplinary charges alleging “theft and deceit.” The arbitrator issued a decision on December 20, in which he found Squillini guilty of the charges and imposed the penalty of dismissal.

Squillini contended that he had agreed to an extension of time for issuing the arbitration award through November 17, but the award was issued more than a month after that. This delay, Squillini said, constituted misconduct by the arbitrator within the meaning of Article 75 of the Civil Practice Law and Rules.

Squillini attempted to vacate the arbitration award alleging misconduct based on the arbitrator’s delay in his issuing the award.

The Appellate Division rejected Squillini’s petition to vacate the award, finding that “the arbitrator’s actions did not constitute misconduct.”

Further, said the court, “the arbitration award ... sustaining the penalty of dismissal from employment for theft and deceit, does not violate a strong public policy and is not irrational.”

New York Department of Correctional Services announces examination for Correction Officer

New York Department of Correctional Services announces examination for Correction Officer
Source: New York Department of Correctional Services - [Published by NYPPL as a public service].

A statewide competitive Civil Service exam for the position of correction officer trainee will be held on October 16, 2010. [Examination 25-431]

There are no minimum requirements for taking this written examination. However, at the time of appointment, applicants must have passed the written exam, must be 21 or older, a U.S. citizen and a resident of New York, and possess a high school diploma or GED. Appointees must also have passed medical and psychological screenings, as well as a background investigation.

Please note that although conviction for a felony automatically disqualifies anyone from becoming a correction officer, applicants having misdemeanor convictions are reviewed on a case-by-case basis to determine eligibility.

Applications must be postmarked by September 13, 2010.

The starting annual salary for a trainee is $36,420 and $43,867 after the one-year traineeship, subject to potential increase through contract negotiations, with additional geographic pay Downstate. In addition to the base salary, appointees will receive 16 college credits, a comprehensive health insurance program, retirement benefits, and pre-shift briefing and expanded duty pay which amount to $3,344 annually.

Officers working at correctional facilities in the New York City area and select Mid-Hudson areas will receive an addition to their salary - $3,210 annually for working in New York City or Nassau, Suffolk, Rockland or Westchester counties, or $1,195 annually for working in Dutchess, Orange or Putnam counties. There are also evening and night shift inconvenience pay programs.

The exam is administered by the New York State Department of Civil Service. Additional information is available at:
http://www.cs.state.ny.us/examannouncements/announcements/oc/25-431.cfm,
or by telephone toll-free at (877) 697-5627, option 2.

Corrections Commissioner Brian Fischer said that “Corrections is a great career for the men and women of New York, and I encourage anyone looking for a challenging and rewarding job, especially women and minorities, to take this exam ... The important job of Correction Officer not only provides opportunities for career advancement but carries with it the honor of playing a critical role in keeping this State and its citizens safe and secure.”

To ensure a successful recruitment for October’s competitive exam, test announcements and applications will be distributed at multiple locations as well as the Department of Civil Service’s website (http://www.cs.state.ny.us/), its Albany location, its regional Civil Service offices, local New York State Employment Offices, and all State correctional facilities.

Examination announcements and applications can be obtained by contacting the Department of Correctional Services at NYSDOCS, Correction Officer Recruitment Unit, Building 2, The Harriman State Campus, 1220 Washington Avenue, Albany, NY, 12226 or by calling DOCS at (518) 457-8131, or via the internet at http://www.docs.state.ny.us/.

NOTE: Candidates for the County Correction Officer/Trainee examination held on April 10, 2010, may apply for the State examination but such individuals will not be admitted to the written test on October 16, 2010. However, the Correction Department advises that if you apply for the State Correction Officer Examination, your results from the County Correction Officer/Trainee examination will be used to calculate your final score for the State examination.

The names of candidates scoring 70 or higher on the April 10, 2010 County Correction Officer/Trainee examination will be included on the eligible list for appointment as a New York State Correction Officer ONLY if the County Correction Officer/Trainee examination candidate files an application for the State Correction Officer Examination and pays the required non-refundable processing fee for the State Examination .