§Why CasetextPricing

In the Matter of City of New York, et al., Appellants,v.New York State Nurses Association, et al., Respondents.

Brief

20 Cited authorities

  1. In re N.Y.C. Transit Auth. v. Transport Workers U

    99 N.Y.2d 1 (N.Y. 2002)   Cited 136 times   1 Legal Analyses
    Finding that "although the awards directed reinstatement of the employees, they clearly did not disregard safety concerns and the seriousness of the breaches of safety rules. Instead, they imposed serious financial sanctions in both cases"

  2. Matter of City of Watertown

    95 N.Y.2d 73 (N.Y. 2000)   Cited 57 times   1 Legal Analyses
    Noting that "absent clear evidence that the Legislature intended otherwise, the presumption is that all terms and conditions of employment are subject to mandatory bargaining"

  3. City of N.Y. v. N.Y. State Nurses Ass'n

    130 A.D.3d 28 (N.Y. App. Div. 2015)   Cited 14 times

    2015-05-26 In re the CITY OF NEW YORK, et al., Petitioners–Respondents, v. NEW YORK STATE NURSES ASSOCIATION, et al., Respondents–Appellants. Cohen, Weiss and Simon LLP, New York (Joseph Vitale and Travis M. Mastroddi of counsel), for New York State Nurses Association and Karen A. Ballard, appellants. Philip L. Maier, New York (Abigail R. Levy and John F. Wirenius of counsel), for the Board of Collective Bargaining of the City of New York and Marlene Gold, appellants. ROLANDO T. ACOSTA Cohen, Weiss

  4. Hampton Bays Union Free School District v. Public Employment Relations Board

    62 A.D.3d 1066 (N.Y. App. Div. 2009)   Cited 14 times
    Affirming a ruling that documentation relating to a probationary teacher's early termination based on misconduct was subject to disclosure and was not an education record protected from release under FERPA

  5. Newark Valley Central School District v. Public Employment Relations Board

    83 N.Y.2d 315 (N.Y. 1994)   Cited 30 times
    Holding that issue of whether a school district's duty to negotiate a smoking policy was preempted by statute or policy is a question of law that must be independently examined by courts

  6. Levitt v. Board of Bargaining

    79 N.Y.2d 120 (N.Y. 1992)   Cited 31 times

    Argued January 14, 1992 Decided February 20, 1992 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Jeffrey M. Atlas, J. Steven C. DeCosta for appellant. Victor A. Kovner, Corporation Counsel (Linda Young, Pamela Seider Dolgow and Patrick L. Taylor), for respondents. KAYE, J. This appeal centers on the determination of the Board of Collective Bargaining of the City of New York (the Board) that New York City committed an improper public employer practice in

  7. Erie County v. State

    14 A.D.3d 14 (N.Y. App. Div. 2004)   Cited 15 times

    95828 November 4, 2004. Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Third Judicial Department by order of the Supreme Court entered in Albany County) to review a determination of respondent Public Employment Relations Board which sustained an improper practice charge against petitioners. Frederick A. Wolf, County Attorney, Buffalo ( Kristin Klein Wheaton of counsel), for petitioners. Sandra M. Nathan, Public Employment Relations Board

  8. DeOliveira v. N.Y. State Pub. Emp't Relations Bd.

    133 A.D.3d 1010 (N.Y. App. Div. 2015)   Cited 4 times

    520555 11-12-2015 In the Matter of DONNA SCARPINATI DeOLIVEIRA, Petitioner, v. NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD et al., Respondents. Cooper Erving & Savage LLP, Albany (Phillip G. Steck of counsel), for petitioner. David P. Quinn, Public Employee Relations Board, Albany, for New York State Public Employment Relations Board, respondent. Richard E. Casagrande, New York State United Teachers, Latham (Laura H. Delaney of counsel), for Cairo-Durham Teachers Association and others, respondents

  9. In re Uniform Firefighters, Cohoes v. Cuevas

    276 A.D.2d 184 (N.Y. App. Div. 2000)   Cited 16 times

    October 26, 2000. Appeal from a judgment of the Supreme Court (Torraca, J.), entered February 16, 2000 in Albany County, which dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to review a determination of the Public Employment Relations Board which ruled that certain proposals made in the course of negotiating a collective bargaining agreement are subject to mandatory negotiation. Lombardi, Reinhard, Walsh Harrison (Richard P. Walsh Jr. of counsel), Albany, for appellant

  10. Pfau v. Public Employment Relations Board

    69 A.D.3d 1080 (N.Y. App. Div. 2010)   Cited 5 times

    No. 507057. January 14, 2010. Appeal from a judgment of the Supreme Court (Devine, J.), entered February 25, 2009 in Albany County, which, among other things, granted petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Public Employment Relations Board. David P. Quinn, New York State Public Employment, Relations Board, Albany, for Public Employment Relations Board, appellant. Mary J. O'Connell, AFSCME AFL-CIO, New York, City (Thomas Cooke

  11. Section 25.29 - Removal or disciplinary action

    N.Y. Comp. Codes R. & Regs. tit. 22 § 25.29   Cited 5 times

    (a) An employee described in paragraph (1), (2) or (3) of this subdivision shall not be removed or otherwise subjected to any disciplinary penalty provided in this section except for incompetency or misconduct shown after a hearing upon stated charges pursuant to this section, unless such employee is granted the option and elects to follow the alternative disciplinary procedure set forth in subdivision (h) of this section: (1) an employee holding a position by permanent appointment in the competitive

  12. Section 213.6 - Board action on motion for leave to file exceptions

    N.Y. Comp. Codes R. & Regs. tit. 4 § 213.6   Cited 1 times

    (a) The board may grant or deny a motion for leave to file exceptions in a non-final decision. The denial of a motion for leave shall not preclude a party from filing an exception from a final determination by the director, the director of conciliation, an assistant director or administrative law judge. (b) Upon the grant of a motion for leave to file exceptions, the board shall issue a schedule for the filing of exceptions, cross-exceptions, responses and briefs. N.Y. Comp. Codes R. & Regs. Tit