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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

In re Arbitration between New York State Department of Correctional Services & New York State Correctional Officers

This case involves an appeal from a Supreme Court order vacating an arbitration award. Petitioners, the Department of Correctional Services and Governor's Office of Employee Relations, challenged an arbitrator's decision to grant a correction sergeant, Charles Hannigan, approximately $4,000 in vacation and holiday accruals. The arbitrator had initially issued an award with a 45-day suspension for Hannigan and then retained jurisdiction to ensure "made whole" implementation. Petitioners argued the arbitrator exceeded his power by reopening the arbitration. The Supreme Court agreed and vacated the award, a decision affirmed by the appellate court. The appellate court found that the arbitrator's retention of jurisdiction and subsequent reopening of the award violated explicit limitations in the collective bargaining agreement.

Arbitration awardVacaturArbitrator's jurisdictionCollective bargaining agreementPublic employmentCorrection officerBack payEmployee benefitsWaiverScope of arbitration
References
21
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. MISSING
Regular Panel Decision

New York State Correctional Officer & Police Benevolent Ass'n v. New York State Department of Correctional Services

Elsie Pierre, a correction officer, sustained a work-related injury in May 2004, leading to workers’ compensation leave. Respondent Department of Correctional Services initiated termination proceedings, but a medical evaluation by respondent's designated physician on September 15, 2005, found her unfit for duty. Pierre's physician, Sanford Wert, later cleared her for work on June 12, 2006, a finding supported by a Hearing Officer who recommended reinstatement with retroactive pay. Respondent, however, rejected the full retroactive award, granting pay only from October 12, 2007, arguing that Pierre had not properly exhausted administrative remedies for the earlier date and that an independent evaluation was lacking. Petitioners challenged this limited retroactive pay, but the Court confirmed the respondent's determination, dismissing the petition and upholding the October 12, 2007, start date for back pay.

Workers' Compensation LeaveRetroactive Back PayCivil Service LawAdministrative ReviewFitness for DutyMedical Evaluation DisputeCorrection Officer EmploymentCPLR Article 78 ProceedingJudicial DiscretionAppellate Court Decision
References
1
Case No. 2016 NY Slip Op 02096
Regular Panel Decision
Mar 23, 2016

Matter of Nassau County Sheriff's Correction Officers Benevolent Assn., Inc. v. Nassau County

John Thomas, a correction officer, sustained a back injury in 1998 and subsequently received General Municipal Law § 207-c benefits. After periods of restricted duty and military service, medical evaluations in 2009 determined he was unfit for any duty, reinstating his benefits. However, in February 2010, a County-appointed doctor deemed him fit for light-duty work, leading the Nassau County Sheriff's Department to discontinue his benefits. Thomas and his labor union challenged this decision, arguing a due process violation due to the hearing officer placing the burden of proof on Thomas to demonstrate his unfitness. The Appellate Division, Second Department, affirmed the lower court's dismissal, concluding that Thomas was afforded due process as he had the opportunity to present evidence and requiring him to support his claim of continued total disability was permissible.

CPLR Article 78 ProceedingGeneral Municipal Law § 207-c BenefitsDue Process RightsBurden of ProofLight-Duty AssignmentCorrection Officer InjuryDiscontinuation of BenefitsAppellate ReviewProperty InterestCollective Bargaining Agreement
References
6
Case No. MISSING
Regular Panel Decision
Aug 21, 1998

Westchester County Correction Officers Benevolent Ass'n v. County of Westchester

The County of Westchester appealed orders from the Supreme Court, Westchester County. The Supreme Court had granted the Westchester County Correction Officers Benevolent Association, Inc.'s petition to quash administrative subpoenas (Matter No. 1) and denied the County's motion to enjoin the Association from challenging the subpoenas (Matter No. 2). The appellate court affirmed both orders, finding that the County failed to adhere to Workers’ Compensation Law § 300.10 (c). This statute mandates that subpoenas to a claimant's treating physician can only be issued upon the physician's non-appearance at the first adjournment, not as a routine practice prior to attempts at voluntary appearance. The court emphasized that the County's prior practice violated the statute and impeded the remedial goals of the Workers' Compensation Law.

Administrative LawWorkers' CompensationSubpoena ComplianceAppellate CourtLabor RelationsStatutory InterpretationDue ProcessCollective BargainingJudicial ReviewPublic Sector Employment
References
3
Case No. MISSING
Regular Panel Decision

Scott v. City of New York Department of Correction

Plaintiff Collette J. Scott sued Norman Seabrook, the Corrections Officers’ Benevolent Association of the City of New York (COBA), and the City of New York Department of Corrections (DOC), alleging sexual assault, hostile work environment, and retaliation under Title VII and state law. Defendants moved for summary judgment on all claims. Magistrate Judge Gabriel W. Gorenstein recommended granting summary judgment for all defendants on retaliation claims and for DOC on hostile work environment, but denying it for the Seabrook defendants on the hostile work environment claim. District Judge Sidney H. Stein adopted this recommendation in its entirety after de novo review. The Court dismissed all claims against DOC and retaliation claims against Seabrook defendants but denied summary judgment for Seabrook defendants on the hostile work environment claim.

Sexual HarassmentHostile Work EnvironmentRetaliationSummary JudgmentTitle VIILabor Union LiabilitySex DiscriminationCorrectional OfficersMagistrate Judge RecommendationFederal Rules of Civil Procedure 56
References
65
Case No. 2021 NY Slip Op 04734 [197 AD3d 684]
Regular Panel Decision
Aug 18, 2021

Westchester County Corr. Officers Benevolent Assn., Inc. v. County of Westchester

The Westchester County Correction Officers Benevolent Association, Inc., and individual correction officers sued the County of Westchester for breach of a collective bargaining agreement (CBA). They sought damages, claiming entitlement to disability retirement benefits equivalent to those under the Workers' Compensation Law for loss of earning capacity. The defendants moved to dismiss the complaint, asserting the CBA was silent on such awards. The Supreme Court granted the defendants' motion and denied the plaintiffs' cross-motion for leave to amend the complaint. The Appellate Division affirmed the Supreme Court's order, concluding that the CBA did not contain a provision for the claimed retirement benefits, thus the complaint failed to state a cause of action and the proposed amendment lacked merit.

Breach of ContractCollective Bargaining AgreementDisability BenefitsGeneral Municipal LawCPLR ProcedureMotion to DismissLeave to AmendAppellate ReviewRetirement BenefitsWorkers' Compensation Law Benefits
References
9
Case No. 2021 NY Slip Op 03504 [195 AD3d 1115]
Regular Panel Decision
Jun 03, 2021

Matter of New York State Corr. Officers & Police Benevolent Assn., Inc. (New York State Dept. of Corr. & Community Supervision)

This appeal concerns an arbitration award involving a correction officer, Pedro Norde, disciplined by the New York State Department of Corrections and Community Supervision for unauthorized phone calls and false statements. Norde's union, NYSCOPBA, grieved the discipline, leading to an arbitration where the arbitrator dismissed some charges as untimely and lacking particularization, based on "due process" interpretations not explicitly in the collective bargaining agreement (CBA). The Supreme Court confirmed this award. However, the Appellate Division found the arbitrator exceeded his authority by imposing requirements beyond the CBA's terms regarding the criminal acts exception to timeliness and the standard for notice particularization. Consequently, the Appellate Division reversed the lower court's order, granted the cross-motion to vacate the arbitration award concerning the dismissed charges, and remitted the matter back to the arbitrator for further proceedings.

Arbitration LawCollective BargainingEmployee DisciplineArbitrator OverreachTimeliness of ChargesNotice RequirementsAppellate ReviewJudicial Review of ArbitrationPublic Employee RightsCorrectional Officers
References
12
Case No. MISSING
Regular Panel Decision
Jul 24, 2015

In re the Arbitration between Bukowski

Petitioner Michael Bukowski, a correction officer, was dismissed from service after he kicked an inmate, causing serious injuries, and subsequently lied about the incident. An arbitrator sustained the charges but reduced the penalty to a 120-day suspension, which respondent Department of Corrections and Community Supervision (DOCCS) refused to comply with. The Supreme Court confirmed the misconduct findings but vacated the reduced penalty, remitting the matter for a new penalty. On appeal, the higher court affirmed, ruling that the arbitrator's reduced penalty violated strong public policy against inmate abuse and officer dishonesty, as Bukowski not only used excessive force but also repeatedly lied to conceal his actions. The case was remitted for the imposition of an appropriate penalty, taking into account the public policy implications of the officer's misconduct and deceit.

Corporal PunishmentExcessive ForceInmate AbuseArbitration AwardPublic Policy ExceptionCorrectional Officer MisconductDishonestyPenalty MitigationJudicial ReviewCollective Bargaining Agreement
References
14
Case No. MISSING
Regular Panel Decision

Mair-Headley v. County of Westchester

The petitioner, a correction officer, was terminated from her employment by the Westchester County Department of Corrections after being absent for over one year due to a nonoccupational injury, pursuant to Civil Service Law § 73. She challenged this determination through a CPLR article 78 proceeding, alleging denial of due process and violation of the Human Rights Law. The Supreme Court initially dismissed the due process claim and transferred the remaining issues to this Court. This Court confirmed the determination, finding that the petitioner received adequate pre-termination notice and a post-termination hearing, satisfying due process. Additionally, the Court concluded that the termination did not violate the Human Rights Law, as employers are not obligated to create new light-duty or permanent light-duty positions for accommodation.

Civil Service LawCPLR Article 78Due ProcessHuman Rights LawEmployment TerminationCorrection OfficerDisability AccommodationWestchester CountyAppellate ReviewPublic Employment
References
21
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