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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
Feb 22, 1982

In re the Arbitration between Board of Education of Connetquot Central School District & Connetquot Teachers Ass'n

This dissenting opinion argues for affirming a Special Term's order directing a board of education to arbitrate a grievance filed by a teachers union. The union's claim involves continued use of office space in school district buildings, citing a collective bargaining agreement and past practice. The dissent contends that the arbitration clause is broad and encompasses the dispute, rejecting the employer's argument that law or public policy (specifically Education Law § 414 or Civil Service Law § 209-a) prohibits arbitration of this grievance. Justice O'Connor asserts that the union's use of office space for its statutory duties as a collective bargaining agent serves a "school purpose," similar to administrative and support services, and thus is not excluded by Education Law § 414. The dissent concludes that the order compelling arbitration should be affirmed.

ArbitrationCollective Bargaining AgreementGrievanceTeachers UnionBoard of EducationOffice SpaceSchool PropertyEducation LawCivil Service LawPublic Employment Relations Board
References
15
Case No. MISSING
Regular Panel Decision

United Federation of Teachers, Local 2 v. Board of Education

The United Federation of Teachers appealed a decision by the Board of Education of the City of New York regarding the selection of teachers for an after-school program. An arbitrator previously ruled that the Board's selection process for Linda Feil, a qualified teacher, was arbitrary and capricious, ordering her placement and back pay. While the Supreme Court confirmed this arbitration award, the Appellate Division reversed, arguing public policy violations and the arbitrator exceeding authority. The Court of Appeals reversed the Appellate Division's decision, finding that the arbitration award neither violated public policy nor exceeded the arbitrator's powers under the collective bargaining agreement. Consequently, the Court of Appeals reinstated the Supreme Court's order confirming the arbitration award in favor of the teacher.

ArbitrationCollective BargainingPublic Policy ExceptionArbitrator AuthorityTeacher EmploymentGrievance ProcedureJudicial ReviewEducational StandardsArbitrary and CapriciousSeniority
References
17
Case No. 2017 NY Slip Op 05817 [152 AD3d 764]
Regular Panel Decision
Jul 26, 2017

Matter of Board of Educ. of the Newburgh Enlarged City Sch. Dist. v. Newburgh Teachers' Assn.

In this case, the Newburgh Teachers' Association appealed an order that granted the Board of Education of the Newburgh Enlarged City School District's petition to permanently stay arbitration and denied the Association's cross motion to compel arbitration. The dispute centered on the Association's demand for the Board to implement measures concerning student discipline and suspension. The Appellate Division, Second Department, affirmed the Supreme Court's decision, holding that such demands are nonarbitrable on public policy grounds. The court cited New York's Education Law, which grants boards of education discretion in establishing disciplinary rules, thus prohibiting arbitration on this matter.

ArbitrationPublic Sector DisputeCollective BargainingStudent DisciplineEducation LawPublic Policy ProhibitionNonarbitrable GrievanceAppellate Division Second DepartmentSchool District AuthorityTeachers' Association
References
5
Case No. MISSING
Regular Panel Decision

Board of Education of Yorktown Central School District v. Yorktown Congress of Teachers

The Yorktown Congress of Teachers (YCT) appealed an order from the Supreme Court, Westchester County, which had granted the Board of Education of the Yorktown Central School District's (Board) petition to stay arbitration and denied the YCT's cross-petition to compel arbitration. The dispute stemmed from the Board's refusal to approve certain graduate credits for compensation for a teacher, leading the YCT to file a grievance and demand arbitration under their collective bargaining agreement (CBA). The Supreme Court's order was reversed on appeal. The appellate court found no public policy or statutory prohibition against arbitration and determined that the dispute reasonably related to the CBA's subject matter. Consequently, the Board's petition to stay arbitration was denied, and the YCT's cross-petition to compel arbitration was granted, directing the parties to proceed to arbitration.

Collective Bargaining AgreementArbitrationGraduate CreditsTeacher CompensationGrievance ProcedureAppellate ReviewPublic Sector EmploymentEducation LawCPLR Article 75Contract Interpretation
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration between the Board of Co-operative Educational Services for the Sole Supervisory District & Boces Teachers Ass'n

Manley, a teacher, sustained employment-related injuries, receiving wages from the Board of Co-op. Educational Servs. for Broome County (petitioner). Upon filing a workers' compensation claim, the petitioner asserted a lien for paid wages. A referee and the Workers' Compensation Board initially affirmed the petitioner's right to reimbursement from Manley's compensation award. Manley's subsequent efforts to challenge this reimbursement, even after a revised compensation award, were rejected due to her failure to appeal the original board decision, rendering it final and conclusive. When Manley's union sought arbitration on the same reimbursement issue, the petitioner successfully obtained a stay of arbitration. This appellate court affirmed the stay, holding that the reimbursement issue was already conclusively determined by the Workers' Compensation Board, thus precluding relitigation through arbitration due to finality and collateral estoppel.

Workers' Compensation ReimbursementCollective Bargaining AgreementStay ArbitrationCollateral EstoppelRes JudicataWorkers' Compensation Board Decision FinalityJudicial ReviewSchedule Loss AwardWages During DisabilityLien for Wages
References
3
Case No. MISSING
Regular Panel Decision

Volpe v. New York City Department of Education

Cheryl Volpe, a special education teacher, sued the New York City Department of Education and Principal Olivia Francis-Webber, alleging retaliation, equal protection violations, and unlawful searches stemming from her advocacy for special needs students. The defendants filed a motion to dismiss, which the court partially granted and partially denied. The court dismissed Volpe's Fourth Amendment and equal protection claims, finding no protected class or unreasonable search. However, the court allowed her Rehabilitation Act and ADA retaliation claim to proceed, specifically regarding an incident on December 18, 2013, where she was confined after attempting to speak with a student's parent.

Special Education TeacherWorkplace RetaliationDisability DiscriminationADA Title IIRehabilitation ActPublic School SystemMotion to DismissHostile Work EnvironmentFourth Amendment ViolationEqual Protection Claim
References
68
Case No. 2023 NY Slip Op 00957 [213 AD3d 560]
Regular Panel Decision
Feb 21, 2023

Matter of O'Reilly v. Board of Educ. of the City Sch. Dist. of the City of N.Y.

This case involves an appeal by tenured public school teachers, Christine O'Reilly, Lucia Jennifer Lanzer, Ingrid Romero, and Elizabeth Loiacono, against the Board of Education of the City School District of the City of New York. They challenged an arbitration award, known as the Impact Award, which established procedures for religious and medical exemptions to the COVID-19 vaccine mandate, negotiated by their union, the United Federation of Teachers (UFT), and the Department of Education (DOE). The petitioners were placed on leave without pay for failing to comply with the vaccine mandate. The court affirmed the dismissal of their CPLR articles 75 and 78 petitions. It found that the teachers lacked standing to challenge the arbitration award and failed to join UFT as a necessary party. Additionally, the court ruled that placement on leave for non-compliance with a condition of employment, such as vaccination, is not a disciplinary action, making Education Law §§ 3020 and 3020-a inapplicable. The court also concluded that petitioners' due process rights were not violated, given the opportunities provided for compliance or exemptions. A dissenting opinion argued that a new, nonstatutory condition of employment cannot be imposed on tenured teachers without legislative action, and they are entitled to due process under Education Law § 3020-a before being placed on unpaid leave or dismissed.

Tenured TeachersCOVID-19 Vaccine MandateArbitration AwardLeave Without PayDue Process RightsEmployment ConditionsCollective BargainingUnion RepresentationAppellate ReviewPublic Education Employees
References
25
Case No. MISSING
Regular Panel Decision

Deichman v. Board of Education

Petitioners, tenured school social workers, were terminated by respondent school district in July 1977, subject to preferred eligibility under Education Law § 2585(4). In September 1977, respondent Rivera, a non-tenured, less senior individual, was hired as a temporary school social worker because she spoke Spanish and qualified under a reclassification plan. Respondents argued the reclassification created a special tenure area, negating petitioners' preferred eligibility. The court ruled that local school boards cannot create special tenure areas without authorization from the Commissioner of Education or the Legislature, and the Buffalo School District was not authorized. The power to license teachers does not equate to the authority to establish special tenure areas. Therefore, petitioners are entitled to preferred eligibility and appointment based on seniority, with removal only permissible under Education Law § 3020-a if unqualified.

Tenure AreaSchool Social WorkersPreferred EligibilitySeniority RightsTeacher LicensingReclassification PlanBuffalo School DistrictAppellate ReviewEmployment TerminationStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Apr 03, 2006

Lawrence Teachers Ass'n v. Lawrence Public Schools

This case concerns an appeal by the Lawrence Teachers Association (petitioner) challenging the denial of their petition to confirm an arbitration award. The arbitration award mandated Lawrence Public Schools (respondent) to designate members of the petitioner’s bargaining unit to provide special education services outside the school district's geographical boundaries. The Supreme Court, Nassau County, denied the petition, concluding the award was unenforceable. The appellate court affirmed this decision, ruling that the arbitration award violated public policy as it contravened Education Law former § 3602-c (2). This statute required the school district to contract with the school district where the nonpublic school attended by the pupil was located for such services. The court emphasized that an arbitrator's award cannot stand if it is contrary to well-defined statutory law and public policy.

Arbitration AwardPublic PolicyEducation LawSpecial Education ServicesCollective BargainingStipulationStatutory ViolationAppellate ReviewSchool District ObligationsLabor Dispute
References
4
Case No. MISSING
Regular Panel Decision

Burkes v. Enlarged City School District of Troy Board of Education

An 11-year teacher's aide, referred to as the petitioner, initiated a CPLR article 78 proceeding to challenge the termination of his employment by the Enlarged City School District of Troy. The termination stemmed from 16 misconduct specifications, including inappropriate physical contact with students and staff, which led to a hearing. The Hearing Officer dismissed four charges but found sufficient evidence for the remaining 12, recommending termination, a decision adopted by the Board of Education. The Court confirmed the determination, finding no due process errors and upholding the dismissal as an appropriate sanction given the pervasive and egregious nature of the petitioner's conduct, particularly towards special education students.

Teacher misconductEmployment terminationCivil Service LawDue process violationAdministrative hearingSufficiency of evidenceJudicial reviewCPLR Article 78School employee disciplineMisconduct specifications
References
5
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