A Taylor Law contract must be enforced according to the plain meaning of its terms

A collective bargaining agreement [CBA] entered into pursuant to Article 14 of the Civil Service Law, the so-called Taylor Law, is a contract and must be enforced according to the plain meaning of its terms (Matter of Lin v New York City Dept. of Educ., 191 AD3d 431, leave to appeal denied, 37 NY3d 913).

The Appellate Division held that the New York City Department of Education (DOE) did not establish that the Petitioners in the CPLR Article 78 out-of-title work action, District Council 37, failed to comply with the filing procedures mandated by the relevant CBA, as that CBA did not provide that Petitioners were required to submit their complaint to the Office of Labor Relations [OLR] first. Accordingly, the Appellate Division ruled that "on this record," DOE's failure to issue a determination based on Petitioners' alleged initial failure to submit the complaint to OLR, was arbitrary and capricious.

Click HERE to access the Appellate Division's decision.

The vesting of retiree health insurance rights

In Danny Donohue, et al., Appellants, v Andrew M. Cuomo, et al., Respondents, et al., Defendants, New York State's Court of Appeals said that "In Kolbe v Tibbetts, [it] left open whether a New York court should infer vesting of retiree health insurance rights when construing a collective bargaining agreement (CBA) (see 22 NY3d 344, 354 [2013] *). The Supreme Court [of the United States] subsequently rejected such inferences as incompatible with ordinary contract principles under federal law in M and G Polymers USA, LLC v Tackett (574 US 427 [2015]) and CNH Industrial N.V. v Reese (583 US 138 S Ct 761 [2018]), repudiating International Union, United Auto., Aerospace, and Agric. Implement Workers of Am. (UAW) v Yard-Man, Inc. (716 F2d 1476 [6th Cir 1983], cert denied 465 US 1007 [1984]) and its progeny. In response to questions certified to [it] by the United States Court of Appeals for the Second Circuit, [the New York State Court of Appeals concluded] that Yard-Man-type inferences favoring such vesting are likewise inconsistent with New York's established contract interpretation principles."

* Subdivision 6 of Civil Service Law §209-a provides as follows: "In applying [209-a, Improper employer practices; improper employee organization practices], fundamental distinctions between private and public employment shall be recognized, and no body of federal or state law applicable wholly or in part to private employment, shall be regarded as binding or controlling precedent.

The Donohue decision is posted on the Internet at https://www.nycourts.gov/reporter/3dseries/2022/2022_00910.htm.

SARS-CoV-2 and Covid-19 Articles

SARS-CoV-2 and Covid-19 Articles by Dr. Robert A. Michaels, NYPPL's science consultant, are available for free download via: https://www.researchgate.net/profile/Robert_Michaels3/publications

Michaels, RA. Adopt the precautionary principle against omicron. Science eLetter, online: https://www.researchgate.net/publication/358357923_Michaels_Robert_A_Adopt_the_precautionary_principle_against_omicron_Science_eLetter_online_httpswwwscienceorgdoi101126scienceabo1074_4_February_2022, 4 February 2022;

Michaels, RA.  In-person schooling is not without risks.  Albany, New York; Times Union, page A-9, https://www.researchgate.net/publication/358002951_In-person_schooling_is_not_without_risks_Albany_New_York_Times_Union_Newspaper_page_A-9_21_January_2022, 21 January 2022

Michaels, RA. Focus on preventing new Covid-19 cases. Schenectady, New York; Daily Gazette, https://dailygazette.com/2022/01/08/letters-to-the-editor-saturday-jan-8/, 8 January 2022;

Michaels, RA. The future disease burden of pandemic Covid-19 for individuals, communities, and society. Environmental Claims Journal, https://doi.org/10.1080/10406026.2021.2015821, 15 pages, online 16 December 2021;

Michaels, RA. Possible SARS-CoV-2 persistence: FDA and CDC should further expand eligibility for Covid-19 boosters. ResearchGate, https://www.researchgate.net/publication/355175962_Possible_SARS-CoV-2_Persistence_FDA_and_CDC_Should_Further_Expand_Eligibility_for_Covid-19_Boosters,11 October 2021;

Michaels, RA. Comment on “Viral evolution may herald new pandemic phase.” Science, e-Letter, online: https://science.sciencemag.org/content/371/6525/108/tab-e-letters, 19 January 2021;

Michaels, RA.  Look at risks of in-person schooling. Letter, Schenectady, New York; Daily Gazette, https://www.researchgate.net/publication/347358002_Look_at_Risks_of_In-person_Schooling_Letter_to_the_Editor_Daily_Gazette_Newspaper_Schenectady_New_York_16_December_2020, 16 December 2020;

Michaels, RA.  Look to science, data to slow Covid-19. Letter, Schenectady, New York; Daily Gazette, https://www.researchgate.net/publication/342715717_Look_to_science_data_to_slow_Covid-19_Letter_to_the_Editor_Daily_Gazette_Newspaper_Schenectady_New_York_Sunday_5_July_2020, Sunday 5 July 2020;

Michaels, RA. Serology testing for antibodies induced by Covid-19 may indicate past exposure without past infection. Science, e-Letter, online: https://science.sciencemag.org/content/368/6495/1060/tab-e-letters, 18 June 2020;

Michaels, RA. Covid-19 risks and risk management in New York State’s Capital Area. ResearchGate, https://www.researchgate.net/publication/339956601_Covid-19_Risks_and_Risk_Management_in_New_York_State's_Capital_Area, online 16 March 2020

CONTACT INFORMATION

Dr. Robert A. Michaels; PhD, CEP

President, RAM TRAC Corporation Schenectady, New York

(518) 785-0976

www.ramtrac.com

bam@ramtrac.com