January 12, 2013
Book Review Highlight, Randall and Randall, The Discipline Book (2013 Edition)
The Randalls have just updated their treatise entitled. I have reviewed previous editions of this work and it is now bigger and better than ever. It now spans 2127 pages and it covers just about everything; and I mean everything. The authors describe their book as "a handbook for administrators, union officials and attorneys involved in disciplinary actions taken against public officers and employees. . ."
What is particularly valuable about this book is that it concentrates on recent case law. Hundreds of recent cases as well as hundreds of the leading cases and discussed. The book provides practical advice and information in an easy to understand format. Quite simply, there is no other book which you could purchase involving New York law which provides timely, practical and exhaustive analysis of discipline, constitutional issues involving discipline such as the First Amendment, evidentary issues, procedural issues, collective bargaining issues, and union issues.
Any administrator, employer, union, or attorney who is involved in public sector labor management relations in New York will want to purchase at least one copy. As in earlier editions, the book is published as an e-book which makes searching via MS Word easy and fast.
The book can be purchased for $295 and it is worth every penny. For additional information and well as purchase information can be found here.
Mitchell H. Rubinstein
January 11, 2013
School Law Jobs
School Law Job Listings
Via National School Boards Association
Associate Attorney in Midwest Lawfirm
Midwest law firm seeks associate attorney with less than three (3) years of experience. Interest and experience in representing governmental entities in all matters (including litigation) is highly desired. Candidates must provide credentials to demonstrate superior academic achievement, writing/communication skills and be proficient with legal research. Candidates must also have strong interpersonal skills. Please submit resume, writing samples, transcripts, and references to AttyRecruiting@gmail.com.
CA - Special Education Attorney(s)
The firm is seeking to hire 1-2 special education attorneys, one at the first year level and one more senior and experienced.
CT - Associate
Mid-sized New Haven County law firm seeks associate for busy educational law practice representing Connecticut school districts. Education law course work and/or experience preferred. Strong academic background and work ethic and excellent research, writing and organizational skills required. Salary DOE. Please respond in confidence to: Berchem, Moses & Devlin, P.C., 75 Broad Street, Milford, CT 06460, Attention: Firm Administrator Or email: firstname.lastname@example.org
MD - Associate General Counsel
Baltimore County Public Schools: Under general supervision, provides advice and counsel to schools and offices regarding student services, disciplinary matters, student due process rights, the search and seizure of students, school records, discrimination, and related matters. Provides a variety of professional legal services as directed by the General Counsel. Performs other duties as assigned. Application Deadline: December 20, 2012.
MD - Deputy Director
Street Law, Inc. creates classroom and community programs that teach people about law, democracy, and human rights worldwide. The deputy director will take a leadership role in a wide range of Street Law’s programs, both domestic and international.
ME - Employment Lawyer
Drummond Woodsum is currently seeking talented, energetic Employment Lawyer to join our highly skilled and growing team of lawyers counseling and advocating for both private and public sector employers on all aspects of employment law, including employee discipline and termination, discrimination and harassment issues, and compliance with state and federal laws and regulations.
ME - Public Finance Lawyer
Drummond Woodsum is currently seeking talented, energetic Public Finance Lawyer to join our busy public finance practice, serving public schools, municipalities, special purpose districts and other quasi-municipal corporations. Areas of focus will include issuer’s counsel and bond counsel on tax exempt transactions, including general obligation bonds, revenue bonds, working capital financings, and lease purchase agreements; related organizational, authorization and tax issues; and other business, budgetary, and financial matters for public entities.
ME - Special Education Lawyer
Drummond Woodsum is currently seeking talented, energetic Special Education Lawyer to join the largest and most dynamic school law practice group in New England. The successful candidate will have a particular interest in representing schools in special education and disability law matters as well as other aspects of public school representation.
NV - Associate General Counsel
The Washoe County School District in Reno, Nevada is seeking to hire an Associate General Counsel. Experience in Special Education law is desired.
TX - Assistant General Counsel
2 positions to handle HR, personnel file reviews and ability to first chair termination hearings. 1 position to handle EEO and open records. Texas licensure and criminal background check required.
January 10, 2013
Book Review Highlight Elkouri and Elkouri How Arbitration Works (2012)
One of the classics, Elkouri and Elkouri has been updated. The 7th edition is edited by Kenneth May and is available for $325, here. Just about anyone who is an abitrator or appears before a labor arbitrator has read this book and has a copy. This edition is new and improved and is a must have. BNA's web site describes this book as follows:
- Arbitrators' consideration of external law in labor arbitration
- Legislation and litigation developing standards for evidentiary privilege as it relates to union shop stewards
- Arbitrators' views on threats and violence
- Reconsideration of the continued viability of the plain meaning rule
- New case law on the unauthorized practice of law as it relates to labor arbitration
- Revision of the discussion of state and local government arbitration and interest arbitration in light of recent changes in state law
Mitchell H. Rubinstein
January 9, 2013
Being Fired Because Your Too Attractive Is Not Actionable
Nelson v. Knight, (Iowa Supreme Court Dec. 21, 2012), is one of those cases that you just have to read and which received a significant amount of media coverage. The Court, applying Iowa state law against employment discrimination held that it was not discrimination to fire an employee simply because the boss views the employee as an irresistible attraction.
The Court looked to sexual favoritism cases under Title VII which held that it was not unlawful to give preference to your girl friend because the preference had nothing to do with her gender. Rather, the preference was given because she was your girlfriend. As the Court expalined:
Title VII and the Iowa Civil Rights Act are not general fairness laws, and an employer does not violate them by treating an employee unfairly so long as the employer does not engage in discrimination based upon the employee’s protected status.
As unfair as this is, it does seem to be correct. Law review commentary would be most welcome.
Mitchell H. Rubinstein
January 8, 2013
Recess Appointments and The NLRB
The power of the Preisdent to make recess appointments to the NLRB is currently being challenged in the D.C. Circuit. An article about this important case in the National Law Journal can be found here.
Mitchell H. Rubinstein
January 7, 2013
Texas district allows teachers to carry concealed weapons at school
Source: Times-Picayune, 12/20/12, By Juan A. Lozano and Nomaan Merchant (AP)
What is this world coming to???
Mitchell H. Rubinstein
January 6, 2013
Book Review Highlight-Randall, A Reasonable Disciplinary Penalty Under the Circumstances
Harvey Randall has published another excellent book that all, and I mean all, lawyers, management representatives and union advocates who practice New York public sector labor and employment law will want to purchase here.
The book spans over 600 pages and focuses on the setting of an appropriate disciplinary penalty in instances where an employee has been found guilty of misconduct or incompetence. Examples of the offenses considered in this e-book runs from A [Abandoning a post without authorization] to Z [Zero drug tolerance policy violation]. The Pell Shocking the Conscience standard is reviewed as well as hundreds of decisions under Civil Service Law Section 75, Education Law Section 3020-a and labor arbitration.
Because the book is an e-book, like Mr. Randall's previous books, it can be be downloaded to your computer and then searched as a MS Word document.
Labor management officials and attorneys will want this book because it is well researched and organized and simply a time saver. Quite frankly, there is no other book like this which discussed New York law in a complete and comprehensive fashion.
MItchell H. Rubinstein