Port Washington Union Free School District v. Port Washington Teachers Ass'n

2 Citing cases

  1. Williams v. Newburgh Enlarged City Sch. Dist.

    No. 16-CV-3276 (KMK) (S.D.N.Y. Sep. 28, 2018)   Cited 1 times

    The cases cited by Plaintiff indicate that an employer can make this preferential policy more explicit in the CBA, but they do not say that it is necessary an employer does so. (Pl.'s Mem. 11.) See Hill v. Kaleida Health, No. 07-CV-668S, 2009 WL 3672066, at *2 n.7 (W.D.N.Y. Oct. 30, 2009) (noting that "[u]nder [the defendant']s Collective Bargaining Agreement, priority is given to 'internal' applicants" but not actually quoting the full Agreement language); Port Washington Union Free Sch. Dist. v. Port Washington Teachers Ass'n, 380 N.E.2d 310, 311 (N.Y. 1978) ("The collective bargaining agreement at issue in this case provided that preference for the filling of vacancies or new positions be given to members of the Port Washington instructional and administrative staffs when the qualifications of applicants were substantially equal."). Plaintiff's next argument—that Policy No. 4120 requires that positions be offered first to persons on the Civil Service List—fares no better. (Pl.'s Mem. 12.)

  2. Economico v. Vil. of Pelham

    50 N.Y.2d 120 (N.Y. 1980)   Cited 67 times
    Holding in the context of a POL § 73 discharge that there is no need for a hearing when there is no dispute that an employee was absent from work for over a year on account of a non-service related disability

    Even if article XVI could be construed in the unusual manner petitioner submits, public policy would prevent its enforcement. While a municipal employer may agree to provide preference for the filling of vacancies to certain individuals (Matter of Port Washington Union Free School Dist. v Port Washington Teachers Assn., 45 N.Y.2d 746), it may not surrender its ultimate appointing authority (see Matter of Cohoes City School Dist. v Cohoes Teachers Assn., 40 N.Y.2d 774, 778). Similarly, whereas there is no prohibition against the establishment of a limited job security clause in a collective bargaining agreement (Matter of Board of Educ. v Yonkers Federation of Teachers, 40 N.Y.2d 268, 271), public policy prohibits an employer from bargaining away its right to remove those employees satisfying the plain and clear statutory requisites for termination.