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New York labor law requires a municipality to negotiate when terminating employees who are not at work for over a year because of an on-the-job injury, the New York Court of Appeals has ruled.
The state’s high court ruling reverses a lower court opinion that favored the city of Long Beach, which unsuccessfully argued that section 71 of the labor law exempts the process of terminating civil service employees who are out on long-term disability from the state’s mandatory bargaining procedure.
The high court found that the state’s presumption in favor of bargaining may be overcome only in “special circumstances” where there is “plain” and “clear” legislative intent to remove the issue from mandatory bargaining.
The court acknowledged that the legislature enacted section 71 to address prolonged employee absences and “strike a balance” between the state’s interest in an efficient civil service and the interest of the civil servant in continued employment in the event of a disability.
However, the court said its review of section 71, its language and legislative history revealed that “there is no ‘plain’ and ‘clear’ evidence” that the Legislature intended the procedures for terminating employees covered by the statute be foreclosed from mandatory bargaining. The court added that Long Beach presented no other statute or evidence of a legislative intent to limit collective bargaining.
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