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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Council v. Donovan

The petitioner, James T. Council, a substitute teacher, challenged his dismissal and the cancellation of his license after refusing to participate in mandatory shelter drills, citing conscientious objections to nuclear warfare. He argued his rights under Civil Service Law § 75 and the First and Fourteenth Amendments were violated, and that the drills were ineffective. The court dismissed his petition, ruling that as a substitute teacher in the unclassified service, he was not entitled to a formal hearing under Civil Service Law § 75. While acknowledging freedom of conscience, the court affirmed that conduct is subject to reasonable governmental regulation for public safety, upholding the acting Superintendent's decision to cancel his license due to insubordination. The court concluded that the penalty was not an abuse of discretion, as public employment is contingent on complying with lawful terms set by school authorities.

Substitute TeacherLicense CancellationCivil Service LawFreedom of ConscienceFirst AmendmentFourteenth AmendmentShelter DrillsInsubordinationAdministrative RemedyJudicial Review
References
27
Case No. MISSING
Regular Panel Decision

Lahendro v. New York State United Teachers Ass'n

Plaintiff Michael F. Lahendro, a guidance counselor, sued the New York State United Teachers Association (NYSUT) and Brushton-Moira Teachers Association for breach of the duty of fair representation and negligence after NYSUT failed to timely file a demand for a hearing against his employment termination. This oversight led Lahendro to accept a settlement including retirement. Defendants moved to dismiss the lawsuit, which the Supreme Court denied, leading to this appeal. The appellate court reversed, dismissing the breach of fair representation claim based on the 'Martin v Curran' rule, which requires proving all individual union members authorized or ratified the conduct for suits against unincorporated associations, which plaintiffs could not do. Additionally, the negligence claim was dismissed as actions against unions for duties under collective bargaining agreements must be for breach of fair representation.

Breach of Duty of Fair RepresentationNegligenceUnincorporated AssociationMartin v Curran RuleEducation LawCPLRLate FilingSettlement AgreementEmployment TerminationGuidance Counselor
References
24
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. 03-23-00279-CV
Regular Panel Decision
May 21, 2025

Mike Morath, in His Official Capacity as Commissioner of Education for the Texas Education Agency v. Texas State Teachers Association

The Texas Court of Appeals reviewed a challenge brought by the Texas State Teachers Association (TSTA) against Mike Morath, Commissioner of Education, concerning the validity of administrative Rule 97.1075(c)(1). TSTA contended that the rule, which grants "final" and "sole" authority to operating partners over district employees assigned to charter schools, infringed upon teachers' statutory rights. The trial court sided with TSTA, declaring the entire subsection invalid. On appeal, the Court of Appeals affirmed the invalidation of parts (C) and (D) of the rule, agreeing they improperly curtailed teachers' rights by making decisions unreviewable. However, the court reversed the trial court's decision regarding parts (A), (B), and (E), deeming them valid because they pertain to employees directly hired by the operating partner and do not impact the statutory protections of public school district teachers. The final ruling was affirmed in part and reversed and rendered in part.

Administrative LawEducation LawCharter SchoolsStatutory InterpretationAgency RulesTeachers' RightsTexas Education AgencySummary JudgmentAppellate ReviewRule Validity
References
10
Case No. MISSING
Regular Panel Decision

Board of Education v. West Hempstead Chapter Branch II of New York State Teachers Ass'n

The plaintiff school board sued to enjoin the defendant teachers association from issuing news releases and making public statements, arguing they violated their agreement and that grievance procedures should be used. The court denied the school board's motion for a temporary restraining order and granted the teachers association's cross-motion to dismiss the complaint. The court reasoned that the grievance procedure outlined in the agreement was designed for individual employee problems, not broad issues like those raised by the association's demands for resignations. Furthermore, the court emphasized that enjoining speech constituted an impermissible prior restraint, only justified in the narrowest exceptions, which were not met in this case.

Collective BargainingGrievance ProcedureFreedom of SpeechPrior RestraintPublic EmployeesTeachers UnionLabor DisputeInjunctionDismissal of ComplaintCross-Motion
References
9
Case No. MISSING
Regular Panel Decision

Foster v. Teacher Retirement System

Diana Foster, a retired teacher, appealed the dismissal of her lawsuit against the Teacher Retirement System of Texas (TRS) and its insurance administrators, Aetna Life Insurance Company and Aetna Health Management, LLC. Foster initially sued after Aetna denied coverage for her prescribed intravenous immune globulin infusion therapy (IVIG). Her claims included breach of contract, bad faith, insurance code violations, deceptive trade practices, and a request for declaratory judgment. The appellate court affirmed the trial court's dismissal, holding that TRS and Aetna were protected by sovereign immunity, which had not been waived by legislation or provided for judicial review under the Administrative Procedures Act. Consequently, the court found no error in dismissing Foster's suit rather than abating it.

Sovereign ImmunityGovernment Agency ImmunityInsurance DenialsHealth Benefit PlansDeclaratory Judgment ActionsAdministrative LawJudicial ReviewAgent LiabilityContractual DisputesAppellate Procedure
References
26
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. 2022 NY Slip Op 04680
Regular Panel Decision
Jul 21, 2022

Matter of Buffalo Teachers Fedn., Inc. v. New York State Pub. Empl. Relations Bd.

This case concerns an Article 78 proceeding initiated by the Buffalo Teachers Federation, Inc. to challenge a determination by the New York State Public Employment Relations Board (PERB). PERB found that the Federation engaged in an unlawful strike in violation of Civil Service Law § 210 (1) after 16 teachers from Public School 59 called in sick following a threatening incident. The Appellate Division, Third Department, confirmed PERB's determination, concluding that there was substantial evidence to support the finding that the Federation, through its agent, instigated and condoned a concerted work stoppage. The court dismissed the Federation's petition.

Unlawful StrikePublic Employment RelationsTeacher UnionTaylor LawConcerted Work StoppageSchool District DisputeAdministrative ReviewLabor Law ViolationCollective Bargaining UnitSubstantial Evidence Review
References
6
Case No. MISSING
Regular Panel Decision

Jones v. Houston Independent School District

The plaintiff, an unnamed substitute teacher, brought a wrongful discharge lawsuit against the Houston Independent School District (HISD) and two principals, Sonia Saenz and Ada Cooper. The plaintiff alleged violations of due process and equal protection under the Texas Constitution, a claim under 42 U.S.C. § 1983, and various state common law claims after being removed from the substitute teacher list due to complaints. Chief Judge Norman W. Black of the Southern District of Texas granted the defendants' motion for summary judgment, finding that the plaintiff had no protected property or liberty interest in their employment and that the defendants were shielded by governmental and qualified official immunity from the state law claims. The court concluded that substitute teachers are not entitled to continued employment or a pre-termination hearing under Texas law.

Wrongful DischargeDue ProcessEqual ProtectionEmployment At WillQualified ImmunityGovernmental ImmunitySubstitute TeacherTexas Constitution42 U.S.C. § 1983Property Interest
References
13
Case No. MISSING
Regular Panel Decision

Cleary v. Board of Education

The petitioner, a substitute school teacher, sought retroactive membership in the New York State Teachers’ Retirement System after the enactment of Retirement and Social Security Law § 803. Respondent, her employer, denied her application. Petitioner then initiated a CPLR article 78 proceeding, which the Supreme Court granted, annulling the Hearing Officer's determination due to lack of a rational basis. The respondent appealed this decision. The Appellate Court affirmed the Supreme Court's judgment, concluding that the Hearing Officer's finding that the petitioner participated in a procedure requiring a formal decision to join the retirement system lacked a rational basis, as the evidence presented by the respondent, including W-4 forms, personnel notations, and general office practice testimony, was insufficient to meet the burden.

Retroactive membershipTeachers’ Retirement SystemCPLR article 78Rational basis reviewStandard office practiceEvidence sufficiencyConstitutional challengeSubstitute teacherPublic retirement systemNew York law
References
6
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