Adjunct Law Prof Blog

Editor: Mitchell H. Rubinstein
New York Law School

Saturday, February 2, 2013

NYC Bus Strike Not IIlegal

The NLRB Office of General Counsel just issued an opinion indicating the current NYC Transit strike is not illegal. Here

Mitchell H. Rubinstein

February 2, 2013 in NLRB | Permalink | Comments (0)

Thursday, January 31, 2013

Law School Application Take A Dive

A recent NY Times article documents a 38% decline in law school applicants which would make a 38 year low, here. Why, increasing tuition and the decreasing amount of jobs. 

Mitchell H. Rubinstein

January 31, 2013 in Law Schools, Law Students | Permalink | Comments (0)

Wednesday, January 30, 2013

Failing to comply with the notice requirements for filing a demand for arbitration set out in the collective bargaining agreement is a fatal procedural defect

In the Matter of the Arbitration between Livingston County and the Livingston County Civil Serv. Employees Assn., Inc., Local 1000, 2012 NY Slip Op 08985, Appellate Division, Fourth Department
The County and Local 1000 of the Civil Service Employees Association, Inc. were involved in a grievance that was at the various steps set out in the CBA’s contract grievance procedure article. Ultimately the County denied the grievance by a written decision dated October 4, 2011. CSEA then advised the County by a letter dated October 27, 2011 that it intended to submit the grievance to arbitration. The County received CSEA’s letter on October 28, 2011.
The critical provision in the CBA central to this litigation required "[c]ompliance with the time limits for submitting a notice of intent to arbitrate [and such compliance] shall be a condition precedent to arbitration". The CBA also included a provision stating that "Failure to submit a notice of intent to submit a grievance to arbitration . . . shall thus bar the grievance from proceeding to arbitration."
The time limits set out in the CBA required that the party demanding arbitration must notify the other party of its intention to submit the matter to arbitration “no later than 15 working days after a written decision was issued at the second step of the grievance process.”
Livingston County asked Supreme Court to stay arbitration, contending that CSEA’s demand to submit the grievance to arbitration was untimely as it had not been notified of CSEA’s intent to do so within 15 working days of date of its denial of the grievance.
Supreme Court denied the County’s petition; the Appellate Division unanimously reversed the lower court ruling “on the law.”
The Appellate Division explained that although the CBA between the parties sets out a “broad arbitration agreement,” it also contains an express provision establishing a condition precedent to submitting the matter to arbitration and CSEA had not complied with this condition precedent..
The court also noted that where such a condition precedent is expressly made part of the CBA, the issue of compliance with the condition is for the court to decide in the first instance.
Reprinted with permission New York Public Personnel Law
Mitchell H. Rubinstein

January 30, 2013 in Arbitration Law | Permalink | Comments (0)

Tuesday, January 29, 2013

Harassment For Wearing Romney T-Shirt??

Reportedly, according to the Pennsylvania Record, a student has filed suit against the Philadelphia School District claiming a violation of her free speech rights. Her suit alleges that her geometry teacher harassed her because she was wearing a Romney-Ryan T-shirt.

Source: Pennsylvania Record, 12/27/12, By Jon Campisi

January 29, 2013 in Employment Law | Permalink | Comments (0)

Monday, January 28, 2013

Court of Appeals to consider arbitration award reinstating school bus driver terminated from the position after testing positive for marihuana in a random drug test

Shenendehowa Cent. School Dist. Bd. of Educ. (Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Local 864), 90 AD3d 1114
The Court of Appeals will hear Shenendehowa Central School District’s appeal from the Appellate Division's ruling sustaining an arbitrator’s award that reinstated a school bus driver terminated after testing positive for marihuana in a random drug test.
Motions by New York State School Boards Association, Inc. and by New York State United Teachers for leave to file briefs amicus curiae on the appeal were also granted by the court.
NYPPL summary the Appellate Division’s ruling in this action is posted on the Internet at:

Reprinted with permission New York Public Personnel Law

Mitchell H. Rubinstein

January 28, 2013 in Arbitration Law | Permalink | Comments (0)

Sunday, January 27, 2013

Student Can Be Required To Wear ID Badge

A.H. v. Northside Indep. Sch. Dist., No. 12-1113 (W.D. Tex. Jan. 8, 2013), is an interesting decision. There, a federal district court denied a student’s motion for a preliminary injunction barring a school district from transferring her from the specialty program she attends back to her base school because she refuses to wear the required ID badge while on campus. The court rejected her claims that being required to wear the badge violated her First Amendment rights to the free exercise of religion and free speech, and her Fourteenth Amendment rights to due process and equal protection. In addition, the court found that the ID badge requirement did not violate her rights under the Texas Religious Freedom Act.

Mitchell H. Rubinstein

January 27, 2013 in Education Law | Permalink | Comments (0)