Collective bargaining agreement provided for layoffs of school instructors within separate categories of school instructors rather than within tenure areas

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Collective bargaining agreement provided for layoffs ofschool instructors within separate categories of school instructors rather thanwithin tenure areas
In this Article 78 action an individual laid off when hisposition was abolished by the school district contended that based on the duties heperformed as a "school instructor/transition counselor", he wasentitled to seniority rights within the "special subject tenure area"(tenure area) of school social worker. Accordingly, he argued, he was not theperson with the least seniority within the school social worker tenure area at the time hisposition was abolished. Citing 8 NYCRR 30-1.8 [b] [9], he contended that theschool district violated Education Law §2585(3) in terminating his employment as a result of its abolishing his position.
When Supreme Court dismissed his Article 78 petition, theindividual appealed.
Sustaining Supreme Court’s ruling, the Appellate Divisionrejected the individual's arguments.

The court ruled that “the collective bargaining agreement(CBA) between the District and the union representing petitioner provided thatlayoffs of ‘school instructors’ would be affected [sic] within the fourseparate categories of school instructors identified in the CBA rather thanwithin tenure areas; that separate seniority lists for purposes of layoffs aremaintained for school instructors; and that, ‘[i]n the event that positions areabolished, school instructors shall not have rights to displace teachers inregular school programs having less seniority, nor shall teachers have rightsto displace school instructors having less seniority.’"*
The Appellate Division ruled that “by accepting employment asa school instructor and entering into the CBA as a result of his membership inthe union, the individual had waived any right to be credited for seniority inthe tenure area of school social worker, [Antinore v State of New York, 49 AD2d6].”
* In the event a board ofeducation abolishes a position, the services of the tenured teacher having the least seniority inthe school district or BOCES “within the tenure area of the position abolished shall be discontinued.” In City of Plattsburgh v Local 788, 108 AD2d 1045, the Appellate Division held that this element –seniority – for the purposes of layoff can neither be diminished nor impaired by the terms of a collectivebargaining agreement.
The decision is posted on the Internet at:http://www.courts.state.ny.us/reporter/3dseries/2012/2012_06412.htm


=========================The Layoff, Preferred List and Reinstatement Manual - a 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions is available from the Public Employment Law Press. Click on http://nylayoff.blogspot.com/ for additional information about this electronic reference manual.
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