Layoff, Preferred Lists and Reinstatement of public employees in New York State

Layoff, Preferred Lists and Reinstatement of public employees in New York StateAn electronic handbook published by the Public Employment Law Press, Library of Congress Control Number: 2009925871 If a public employer does not layoff the least senior individual in the layoff unit it will usually be required to reinstate that individual with back pay and benefits. If you can win or, better yet, avoid, a lawsuit challenging a layoff decision, you will have saved many times the cost of the 2011 edition of Layoff, Preferred Lists and Reinstatement of public employees in New York State. This 670-page electronic book is computer searchable and provides a concise guide to the applicable laws, rules and regulations, together with summaries of selected court and administrative decisions concerning the layoff and reinstatement of employees of New York State, its political subdivisions and school districts. In his review of Layoff, Preferred Lists and Reinstatement, Professor Mitchell H. Rubinstein, Adjunct Professor of Law, St. Johns Law School and New York Law School, said: This book shines as a manual…. It discusses, in case brief form, hundreds … of New York Civil Service, Education Law, Military Law and Retirement and Social Security Law cases ….The book often compares decisions under the Civil Service law to decisions under the Education Law which presents attorneys who may be litigating these cases with possible creative arguments…. The book is also very timely given the current economy…. Every lawyer who practices in this area and every administrator and union official involved with layoffs will want to get a copy of this new book. Among the topics and issues addressed are the following: Abolishing departments and agencies — Abolishment of positions — Adjusting teaching schedules — Administrative policy — Affirmative action in layoff, employment distinguished — Affirmative action yields to seniority — Age discrimination and layoff – All layoff rights in BOCES takeover situation — Annual appointments — Appointing authority — individual's name on the preferred list — Appointment from preferred lists — Arbitrator — layoff seniority determination — Asserting rights not covered by contract — Board's decision to abolish teaching position — BOCES layoff policy — Breaking seniority ties — Certification of preferred list for appointment to similar positions — Challenging the abolishment of positions — Challenging the reorganization of an organization — Change from full-time to part-time employment — Collective bargaining agreement – provisional employees — Competing union interests — Computation of seniority — Consolidations of the duties of position — Contracting out for services — Correcting an error in a preferred list — Counting substitute service for purposes of seniority — County legislature — action required before layoffs — Discrimination against nonresident veteran — Court rules – BOCES staff layoff rights — Crediting prior service for seniority — Defining seniority — Demotion as a disciplinary penalty and preferred list — Deputy sheriffs – layoff rights — Determination of layoff units — Determining of seniority — Different titles – for purposes of layoff — Disciplinary action and layoff — Disciplinary probation — Discipline to proceed regardless of layoff — Discriminatory effect of seniority system — Dismissal of a provisional — Disparate impact — Displacement and layoff — Duty of fair representation — Early retirement incentives — Eligibility – preferred list for appointment to new position — Employees' rights upon the take-over of a BOCES program — Employment of retirees — Enforcing statutory rights – Entitlement to appointment from a preferred list — Extending the probationary period — Family and Medical Leave Act — Fifty percent test — Granting seniority to transferred employee — Guidelines – adopted by an appointing authority — Internal Revenue Service Ruling 92-69 — Lay off – bad faith issues — Lay off – bumping rights — Layoff determination of seniority — Layoff – reinstatement to similar positions — Layoff and age discrimination — Layoff and displacement — Layoff and reinstatement — Layoff and reinstatement of individuals holding "parenthetic titles" — Layoff and tenure area — Layoff and the Taylor Law — Layoff extends probationary period — Layoff guides may be changing — Layoff procedure to meet affirmative action — Layoff provisions given literal interpretation — Layoff provisions of the civil service law override contract — Layoff rights — Layoff rules, seniority claims and reemployment roster — Layoff, based on seniority — Layoff, displacement and retreat — Layoffs and preferred lists — Legislative equivalency — Line of promotion — Liquidation of vacation pay upon separation — Litigating the impact of a layoff — Meetings open to the public — Military service – qualifying veteran status — Necessary parties to an appeal must be named and served — Non-resident veterans to get layoff preference benefits — Notice of a layoff — Ordering a hiring freeze — Part-time employment — Part-time service and seniority — Payment for unused leave credits — Placement on, and appointment from, a preferred list Positions to be abolished determined by the employer — Power to freeze appoints to vacant positions — Preferred list determination — Preferred list rights — Preferred list – used for appointment to similar positions — Preliminary injunction barring layoff — Probationary employee to be placed on preferred list — Probationer – §3019-a and §3031 notice in layoff situations — Probationer retains bumping rights — Procedures for breaking tenure ties — Reassignment of teachers in layoff situations — Redeployment Lists — Regular substitute – "seniority credit" for service — Reinstatement of teachers from a preferred list — Reinstatement – similar positions — Reinstatement – Taylor Law rights — Reinstatement following layoff – tenure rights — Reinstatement from preferred list — Release – pre-layoff sex bias claim barred — Removing a teacher from a preferred list — Resignation – seniority claim lost — Resolving conflicts – between the Civil Service Law and a Taylor Law agreement — Retirement incentives — Retroactive seniority as redress — Reverse discrimination — Rules on seniority for layoff — Same layoff grievance complaint, different results — School board action to abolish a position – School district – providing legal counsel in layoff litigation — Seniority – for layoff purposes — Seniority and age discrimination — Seniority by lottery — Seniority credit for substitute service — Seniority date – layoff — Seniority determinations — Seniority for layoff purposes — Seniority for part-time service — Seniority in a civil division — Seniority in layoffs determinations — Seniority ties — Seniority, layoffs and Title VII — Special layoff units – not authorized — Takeover of BOCES programs — Temporary appointment — Tenure and layoff — Tenure area – precedent over assignment — Tenure areas — Tenure by acquiescence — Tenure issues — Termination benefits — Titles and layoff — Transfer lists – §78, Civil Service Law — Transfer of a program to BOCES — Transfer of benefits — Transfer of employees — Transfer of position from one employer to another employer — Union's standing to sue — Using the preferred list — Veterans and their rights — Wrongful discharge. How to Order The price of this electronic handbook is $165 plus appropriate New York State and Local Sales Taxes if yours is not a tax-exempt organization. To order using a credit card please go to: http://nylayoff.blogspot.com/ To order using a purchase order form, please mail the form to: Public Employment Law Press, 887 Birchwood Lane, Schenectady, NY, 12309-3119 .

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