PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary period
PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary period CSEA Local 1000 and Westchester County, 32 PERB 3017 Westchester County terminated probationary employee Michael Holcomb. CSEA objected, contending that Holcomb was discharged because of his participation in union-related "protected activities" in violation of the Taylor Law. PERB's administrative law judge [ALJ] ruled that Kenneth Grauer, Holcomb's supervisor, wrote a negative evaluation that was "tainted by union animus" and that this contributed to Holcomb's dismissal. Westchester appealed, arguing that Holcomb's separation "was motivated by only legitimate business reasons" and, further, Holcomb was not protected in his activities because "he was not a union representative and was not engaged in union-sanctioned activity." PERB agreed with the ALJ's finding but said that the remedial order should be modified. "Grauer believed Holcomb to be a union activist and that belief contributed to his negative recommendation." PERB said that action taken against a unit member based upon a belief can violate the Taylor Law, citing its ruling in Holbrook Fire Department, 30 PERB 3062. PERB commented that "while it may be true that an employer is free to terminate a probationary employee for any cause or no cause at all, this principle plainly does not apply if the employee is terminated in violation of law." PERB directed Westchester to offer Holcomb a second probationary period under another supervisor. It also said that if Holcomb successfully completed this second probationary period, which should not be less than the minimum probationary period authorized, Westchester should compensate him for lost pay and benefits, "less any earnings or other compensation received by him" from the date of his probationary termination through the date of his reinstatement to his former title. .
Read more detail on Recent Administrative Law Posts –
Legal notice about the PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary period
rubric : Hukuki Net Legal News is not responsible for the privacy statements or other content from Web sites outside of the Hukuki.net site. Please refer the progenitor link to check the legal entity of this resource hereinabove.
Do you need High Quality Legal documents or forms related to PERB finds employer dismissed probationer because of union activity; orders employee to be given a second probationary period?
- Some due process consideration in the event an employee is terminated from his or her probationary period
- Employee dismissed because of habitual lateness
- Protected union activity
- Enlarging the probationary period
- Concerning extending the probationary period of an educator and rescinding a resolution granting an educator tenure
- Extending the probationary period of an individual
- Employer must reinstate employee absent on Workers' Compensation Leave upon the certification by civil service commission's medical officer that the individual is fit to perform the duties of his or her position
- Unsatisfactory rating voided because employee's "performance review," failed to comply with the employer's own procedures and thus undermined the integrity of the process Joyce v City of New York, 2018 NY Slip Op 03433, Appellate Division, First Department The Appellate Division annulled the determination of respondent New York City Department of Education [DOE] sustaining the "unsatisfactory" rating for the 2010-2011 academic year give to John Joyce, a tenured teacher. The court said that the record demonstrates "deficiencies in the performance review process" that resulted in Mr. Joyce being given an unsatisfactory rating for the 2010-2011 academic year. Citing Matter of Gumbs v Board of Educ. of the City Sch. Dist. of the City of N.Y., 125 AD3d 484, and Matter of Richards v Board of Educ. of the City Sch. Dist. of the City of N.Y., 117 AD3d 605, the Appellate Division noted that these deficiencies "were not merely technical, but undermined the integrity and fairness of the process." Mr. Joyce had received a satisfactory rating for the previous academic year and, in contravention of its own procedures, DOE failed to place him on notice that he was in danger of receiving an unsatisfactory rating for the 2010-2011 academic year until after April 28, 2011. Although DOE's procedures required that tenured teachers in danger of receiving an unsatisfactory rating have "formal observations including a pre-observation and post-observation conference by the principal … as part of a prescriptive plan to improve their teaching," Mr. Joyce received only one formal observation which took place one week before the end of the academic year and was not part of a prescriptive plan to improve his performance as a teacher. The decision is posted on the Internet at: http://www.nycourts.gov/reporter/3dseries/2018/2018_03433.htm
- Employee claims termination was in retaliation and that her employer defamed her
- Nonmembers of an employee organization required to pay agency shop fees are entitled to a refund of such fees used for union organizing activities
This entry was posted in Administrative law
and tagged Activity
. Bookmark the permalink