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Layoffs, Negotiations and Other Legal Updates

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Jay Worona's Power Point on 30120-a and Chapter 103
Click Here for the PPT

NYSSBA & NYSCOSS comments to the Commissioner regarding bargaining under Chapter 103
Click Here for the PDF

NYSUT's 103 Check list for Local Presidents
Click Here for the PDF

MASLA Amicus Brief; HOLT/DOYLE Letters and Double Jeopardy in 3020-a Cases, Geneva City School District
Click Here for the PDF (894 KB)

Federal Court decision prohibiting teachers from wearing political buttons in school WEINGARTEN v NYC BOARD of ED.
Click Here for the PDF (497 KB)

PHELPS-CLIFTON SPRINGS COURT DECISION OVERTURNING 3020-A HEARING OFFICER PENALTY, 2/11/10.
Click Here for the PDF

ZALAMA Commissioner's Decision # 15,953 7/23/09. 3 year probation period for teaching assistant who was a prior tenured teacher
Click Here for the PDF (269 KB)

A PRIMER on SENIORITY, LAYOFFS, AND RECALL.
The staff of the Office of Personnel Relations, of the Cayuga-Onondaga BOCES, have put together an excellent primer to help school districts faced with layoffs of employees. This information is invaluable to school superintendents when facing budget cuts. Please be sure to contact your labor relations adviser before taking final action, to help avoid litigation..
Click Here for "A Primer on Seniority, Layoffs and Recall" - PDF (940 KB)

IS A U-TURN PERMITTED IN COLLECTIVE NEGOTIATIONS.
This 1990 article is an analysis of PERB's decisions pertaining to taking back tentative agreements, during negotiations, due to a material change in circumstances. Read the the article written by the labor relations staff of the Cayuga-Onondaga BOCES Office of Personnel Relations, for an in depth analysis.
Click Here for "Is A U-Turn Permitted In Collective Bargain Negotiations" - PDF (370 KB)

PERB Board finds Manhasset UFSD violated the ACT when it sub-contracted its bus transportation services.
This is the standard PERB will follow in future cases involving sub- contracting and appropriate standards for establishing discernible boundaries. MASLA submitted an amicus brief in this matter, which is available in our legal updates section.
Click Here for more on this PERB - PDF (6.65 MB)

Do teacher absences affect student learning?
This study "ARE TEACHER ABSENCES WORTH WORRYING ABOUT IN THE USA?" by C.Clotfelter, H. Ladd, and  J. Vigdor of Duke University offers detailed information and insight into this problem.
Click Here for "Teachers Absences Affecting Student Learning" Report- PDF - (252 KB)

Article written by:  Christopher B. Reich, Esq., former Labor Relations Specialist, Jefferson-Lewis BOCES - (PDF-20KB)

 
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