IDCWLaw has extensive experience with civil service disciplinary matters, up to and including termination.  For decades we have represented civil servants in disciplinary hearings and in appeals of disciplinary decisions before the Civil Service Commission and in State Supreme Court.  Just this month, August 2022, IDCWLaw Partner Liam L. Castro, Esq. convinced a Suffolk County Supreme Court Justice to overturn the Town of Islip’s decision to terminate an employee, in McMaster v. Town of Islip.   There, after a hearing, the Town terminated the employee for excessive absenteeism.  On appeal to the Supreme Court, Mr. Castro successfully argued that the Town’s decision was excessive. He also successfully argued the Town ignored the fact that a supervisor testified other employees had similar attendance records but were not disciplined.  He explained the Town did not give the employee a fair chance at the hearing, in the end. Specifically, they initially fired the employee, after a hearing, without even providing him a copy of the disciplinary Report and Recommendation. Mr. Castro convinced the Town that was plainly improper, which resulted in the initial rescission of the termination to give the employee and Mr. Castro a chance to respond to the Report and Recommendation.  The Town even had to recuse the Department’s commissioner from the final decision because of this initial decision to terminate the employee improperly But, in the end, they fired the employee anyway. Mr. Castro argued that the Town was heavy handed and did not give the employee a fair due process hearing.  As a result, the Court ordered him reinstated and remanded the matter back to the Town for a more appropriate penalty.

Congratulations to President Mario Bucceri and the Executive Board of the United Transit Leadership Organization on their re-election by acclamation after no opposition candidates were nominated at the union nomination meeting held August 3rd.

Howard Wien provided election counsel to UTLO.

In March 2022 two union officials requested time off from their midnight shift to attend union meetings beginning during regular business hours, after 8am. The County denied that request because the union meetings did not start until after the officials’ shifts ended. We very quickly went to the Supreme Court, Ulster County and convinced a Judge to prohibit the County from denying union officials’ from using County-paid release time until the parties go to arbitration to resolve the dispute.

At arbitration, the County argued the union meetings did not start until after the officials’ shifts ended and, in any event, the contract did not require them to release union officials from their shift before the union meetings occurred. They also argued releasing the officials would impact on staffing, which is a managerial prerogative, particularly when their shifts did not occur during the Union business.

We are happy to report that, in addition to convincing a judge to prevent them, pending arbitration, from denying union release time, the arbitrator agreed with the Union and sustained the grievance. She held there was a longstanding practice consistent with the Union’s position, and rejected the County’s staffing arguments to the contrary. 

IDC&W congratulates General President Shaam Somwaru and the Board of the Railway Independent Transit Union and the union members employed by the Port Authority Trans Hudson Railroad (PATH) on the overwhelming ratification of a new collective bargaining agreement. In particular, the union is commended for successfully breaking a decade long deadlock, shoring up both the health and pension benefits and increasing salaries by over 30%.

IDC&W Partner Howard Wien served as counsel to the RITU in the negotiations with PATH.

Congratulations to Trustees Jeff Stark and Todd Helfrich and to all the participants of the Glens Fall Painters Pension Fund in securing financial security for the fund by obtaining Special Financial Assistance under the American Rescue Plan. This Fund is one of the first in the nation to receive assistance under this program.  The financial assistance will permit a fund that was in critical and declining status to pay its retirees full benefits for the duration of their retirements. The assistance reverses benefit cuts that were required when the fund was granted ordinary assistance from the Pension Benefit Guarantee Corporation during 2021.

The Glens Fall Pension Fund is a perfect example of why a program such as the SFA is necessary. Due to changing industrial trends, the local union that originally sponsored the Fund was merged by its international union with another local. As a result, contributions were no longer payable to the Fund by the vast majority of area contractors in the Fund’s industry. As contributions dried up, however, the Fund was still mandated to pay benefits that participants had accrued during their years of employment.  As these payments were made, the fund spiraled closer and closer to insolvency necessitating a PBGC loan. PBGC loans are conditioned on major reductions in benefits. This meant that participants would receive only a small fraction of what they were originally entitled to under the benefit plan. All of this was occurring without any fault by the participants or the Fund’s trustees. Special Financial Assistance prevented a very real injustice to the Fund’s participants who can now trust that their retirements are secure. 

Howard Wien served as counsel to the Fund during its transactions with the PBGC.