Harry Greenberg to Speak at Statewide Conference: “The Taylor Law On Its 40th Anniversary,” May 15 & 16, 2008

May 2008 - GBG attorney Harry Greenberg will be speaking on “Pattern Bargaining” at a statewide conference co-sponsored by the New York State Bar Association’s Labor and Employment Law Section, Cornell University’s School of Industrial and Labor Relations, the Government Law Center at Albany Law School, and the New York City Office of Collective Bargaining. The conference commemorates 40 years of the State’s Taylor Law, the statute that governs labor relations between government and the unions that represent public employees. Harry will be joined at the conference by other practitioners, arbitrators, and high ranking government officials. His session of the program is devoted to providing an analysis of pattern bargaining, its practical application, extent of use, as well as the pros and cons of bringing the concept into play.

Port Authority Found To Have Committed Improper Practice By Unilaterally Changing Payment Method for Employee Reimbursements; Hearing Officer Awards GBG Reasonable Attorney Fees and Costs

April 17, 2008 - A hearing officer for the Port Authority Employment Relations Panel found that the Port Authority violated the law and committed an improper practice when it unilaterally changed the method by which employees are reimbursed for certain monies owed. GBG represented IBEW Local Union No. 3 in this successful charge. The Recommended Order provides that the employer cease and desist from any further violations and mandates that procedures for payment of employee reimbursements be returned to the way it was prior to the unilateral change.  It also recommends that the employer pay reasonable attorneys fees and costs to the union.

Seth Greenberg Chairs Program on “The Basics of Public Sector Labor Law”; Speaks on Special Ethical Considerations in Representing Unions and History of the Taylor Law

March 2008 - GBG attorney Seth Greenberg chaired a New York State Bar Association program on public sector labor law that was held in Rochester (March 6th), Albany (March 12th), and New York City (March 18th). He presented a brief history of the Taylor Law at the New York City seminar. Additionally, Seth submitted an outline entitled “Legal Ethics: A Union Attorney’s Perspective” and spoke about legal ethics at both the Albany and New York City seminars.

GBG Obtains Temporary Restraining Order Against County of Nassau to Preserve Parking for Court Employees; Settlement of Lawsuit Results in Greater Reserved Parking Spaces

September / October 2007 - As reported in the New York Law Journal, GBG lawyers successfully obtained a temporary restraining order (“TRO”) preventing Nassau County from relocating its Department of Probation to trailers on a Mineola court complex parking lot. The TRO, and its accompanying Article 78 petition, were initiated on behalf of the Court Officers Benevolent Association of Nassau County, a union that represents a majority of the non-judicial court employees. The petition claims the loss of a significant number of parking spaces violates New York State Judiciary Law §39(3)(a). In a settlement reached mid-October, the union was guaranteed more reserved parking spaces and greater parking enforcement.

Seth Greenberg Chairs Panel Discussion on Public Employee Discipline

September 29, 2007 - GBG attorney Seth Greenberg spoke at the New York State Bar Association Labor and Employment Law Section’s Fall Meeting at The Statler Hotel, Cornell University, in Ithaca, New York. He was chair on a panel discussing “The Fallout from Garcetti: How Has the Decision Affected Employee Discipline?” In Garcetti v. Ceballos (2006), the U.S. Supreme Court held that “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.”

GBG’s Amicus Curiae Brief Persuasive - Work Schedule Proposal Which Would Set Police Tours of Duty Greater than Eight Hours is a Mandatory Subject of Bargaining

August 29, 2007 - In a Declaratory Ruling, the NYS Public Employment Relations Board disagreed with the recommendation of an administrative law judge that a work schedule proposal which would permit police officers to work ten hour or twelve hour tours was a prohibited subject of bargaining. It further concluded that the proposal is a mandatory subject that must be bargained upon demand insofar as the proposal does not interfere with the employer’s staffing and other managerial prerogatives. GBG lawyers had filed an amicus curiae brief on behalf of a police union representing police captains and other supervisors. The arguments set forth in the brief proved successful.

NYS Public Employment Relations Board Finds GBG Convincing and Concludes that County of Nassau Improperly Refused to Bargain the Impact of its Staffing Decision and Orders It to Engage in Effects Bargaining With Police Union

July 31, 2007 - The County of Nassau was found to have violated the Taylor Law “in its refusal to bargain the impact of its [decision to redeploy certain police officers out of a specialized unit].” It therefore ordered the County to engage in effects bargaining over its staffing decision. GBG lawyers represented the police union in this matter. To read the decision, click HERE.

GBG Succeeds on Motion to File Amicus Curiae Brief to Challenge Recommended Declaratory Ruling Which Concluded That a Proposal Seeking Tours of Duty Greater Than Eight Hours Is A Prohibited Subject of Bargaining

June 6, 2007 - An amicus brief was filed by GBG on behalf of the New York City Captains Endowment Association in order to challenge the recommendation by an administrative law judge that a police union proposal seeking a work schedule with tours greater than eight hours was a prohibit subject of bargaining. In In the Matter of The City of New York, 40 PERB ¶ 3005 (2007), the New York State Public Employment Relations Board granted the request to file amici briefs to several unions “on the condition that such briefs identify applicable law or arguments that might otherwise escape the Board’s consideration and state how those arguments are relevant to the Board’s disposition of the exceptions.”

Court Confirms Arbitrator’s Award and Upholds Minimum Staffing in Nassau County Police Department as Protection to the Public and Police Officers

January 4, 2007 - GBG successfully defended an application by the County of Nassau to vacate and set aside a February 21, 2006, Arbitration Award in favor of the Nassau County Police Benevolent Association, whereby the County was found to have violated the parties’ minimum staffing policies. In County of Nassau v. Police Benevolent Association, the Court granted GBG’s cross-motion to confirm the award. It further held that the minimum staffing requirements at issue “provides protection to the public by ensuring that there are a certain minimum number of police officers and patrol cars on call within a certain geographical area. The policy also ensures that there are a sufficient number of officers on duty and available in the event an officer needs immediate assistance.”  To read the decision in its entirety, click HERE.

Settlement Reached in Action Against NYC School Construction Authority; 90 Union Members to be Hired or Rehired

October 24, 2006 - The New York City School Construction Authority (“SCA”) signed a settlement with employees represented by the Civil Service Technical Guild, Local 375, District Council 37 A.F.S.C.M.E., AFL-CIO, whereby SCA agreed, among other things: 1) to comply with the applicable provisions of Public Authorities Law § 1740, including the requirement that not less than 40% of the design, drafting and inspection services be performed by union members; 2) to hire or rehire 80 union members to perform such work to reach the 40% requirement; and 3) to hire or rehire an additional 10 union members to perform said services during Fiscal Years 2007, 2008, and 2009. Local 375 was represented by GBG attorney Robert J. Burzichelli.

GBG Lawyers Co-Chair, Speak at New York State Bar Association (NYSBA) Programs

GBG attorney Seth H. Greenberg co-chaired the NYSBA’s Continuing Legal Education Program on “Public Sector Labor and Employment Law in New York State.” The program, which was held at four locations throughout the state, was designed to provide practitioners with valuable resources to explore some of the more complex issues of municipal employee labor relations. Panelists include experienced arbitrators, administrative law judges, IRS experts on employee benefits, as well as lawyers representing labor and management.

May 18, 2006 (Long Island) - GBG attorneys Harry Greenberg and Seth H. Greenberg both made presentations at the Long Island location held at the Huntington Hilton. Harry participated on a panel which spoke about some of the more difficult issues faced by parties during “Post-Impasse Procedures.” Seth made a presentation on “Ethical Considerations in Representing Municipalities and Unions.” His talk and submitted outline, entitled “What’s A Union Attorney To Do?: Selected Ethical Issues in the Context of Union Representation,” addressed matters such as who the client is in various contexts, the lawyer-as-witness rule, and a comparison of ethical violations with legal malpractice.

June 6, 2006 (New York City) - Harry Greenberg again spoke on “Post-Impasse Procedures,” this time at The Princeton Club in New York City. Joining Harry were experienced arbitrators, mediators, and other practitioners. Together, they addressed some of the more complex issues in mediation, fact-finding, superconciliation, and interest arbitration. There were discussions relating to the “costing out” of labor contracts as well as the effect that fiscal and economic situations have on each party’s strategy during collective bargaining and after an impasse is found to exist.

Harry Greenberg speaks at Touro Law School

April 5, 2006 - GBG attorney Harry Greenberg, a graduate of Touro Law School and founding president of Touro Law School’s Alumni Association, presented a lecture for Touro’s Labor Law class on matters relating to the Taylor Law. He also discussed the inherent differences between public and private sector labor laws. Harry presented similar lectures in the past and continues to be invited back each year.

GBG Victorious in Civil Service Lawsuit Against NY Court System

October 13, 2005 - In Cribbin v. Lippman et al (Supreme Court, County of Nassau), the Court ruled that the New York State Unified Court System violated the law in its failure to follow an established civil service list in promoting employees to the title of Court Officer-Sergeant. Specifically, the Court determined that an employee “received special treatment” when he was promoted and that the Unified Court System’s actions in ignoring the established civil service list “is arbitrary without a reasonable basis and inconsistent with Civil Service principles.” GBG attorneys Harry Greenberg and Seth H. Greenberg represented petitioner Cribbin, President of the Court Officers Benevolent Association of Nassau County.

Harry Greenberg to Teach at Nassau Community College

Fall 2005 & Spring 2006 - GBG attorney Harry Greenberg joined the faculty of Nassau Community College as an adjunct professor for the 2005-06 academic year. During both semesters, he will teach the criminal justice course entitled “Police and the Community.” A requirement for certain majors, this course stresses the importance of good police community relations, as well as the factors that go into the effort to achieve them. Among the topics discussed are the impact of politics, unionism, minorities, and media relations. There are also chapters devoted to legal issues and various landmark Supreme Court decisions.