Labor & Employment (Public Sector)

• Federal (42 U.S.C § 1983) claims arising under the First Amendment (protected expression) and Fourteenth Amendment (Due Process; Equal Protection) of the U.S. Constitution 

 

• CPLR Article 78 proceedings regarding civil service and/or collective bargaining unit disputes 

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• CPLR Article 75 proceedings regarding applications to stay arbitration, and enforce/vacate arbitration awards 

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• New York State Civil Service Law (CSL) - compliance and litigation regarding the complex network of state and local Civil Service Commission laws and rules pertaining to: 

  • Disciplinary hearings pursuant to CSL § 75 

  • Involuntary leaves and/or removal pursuant to CSL §§ 72, 73 

  • All facets of the “merit system” governing appointments, promotions, and job abolishment/layoffs: 

    • Jurisdictional classes (competitive, non-competitive, exempt, labor and unclassified), and unique issues attendant to each classification  

    • Permanent, temporary, contingent, provisional, and probationary appointments  

    • Open-competitive hiring and promotional examinations, scoring, and credited-time issues 

    • Eligible and certified lists 

    • Transfers and reassignments 

    • Reductions in force: layoffs and credited-time issues, and “bump and retreat” rights 

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• Collective Bargaining (NYS Taylor Law) 

  • NYS Public Employment Relations Board (PERB): 

    • All forms hearings before Administrative Law Judges regarding alleged improper labor practices (CSL § 209-A(1) and (2)), including those regarding allegations of union interference/domination/coercion;  anti-union animus; failure to negotiate with bargaining representatives in good faith; and “Triborough” Rule and Amendment 

    • Interest Arbitration (Police/Fire/Teacher) 

    • Collective bargaining unit negotiation and administration 

    • Grievance arbitrations pursuant to collective bargaining agreement procedures 

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• Fire & Police disability leave, benefits, and/or retirement litigation under General Municipal Law §§ 207-a and 207-c.