grievance hearing in New York

2016The fact that certain cases I cited involved petitioners who were granted a grievance hearing even though they did not have written permission to reside in the subject apartment is inconsequential, because, those cases did not involve the failure to pay use and occupancy which once again, is the central issue in the instant case (see Diop, 135 AD3d at 665 [“The fact that petitioner may have paid rent for the premises does not warrant a different determination”]; Vereen, 123 AD3d at 479 [“Petitioner’s payment of use and occupancy cannot change an unauthorized occupant’s status and cannot be dee

2002At the grievance hearing, the petitioner did not establish that she occupied the apartment continuously or obtained the project management’s written approval to become a permanent member of the tenant family, which are necessary conditions to the recognition of the petitioner as a remaining family member under the circumstances at bar (see NY City Hous Auth Mgt Manual, ch VII, § E [1] [a]; see also Matter of Powell v Franco, supra; Matter of Davis v Franco, 270 AD2d 55 ; Matter of Kolarick v Franco, 240 AD2d 204 ).

2025Rather, at its core, the grievance seeks to interpret articles 19 and 20 of the collective bargaining agreement to determine whether UCS's actions violated the parties' contractual rights and responsibilities ( see Board of Educ. of City School Dist. of N.Y. v Mulgrew , 106 AD3d 551, 552-553 [1st Dept 2013]).

2025Rather, at its core, the grievance seeks to interpret articles 19 and 20 of the collective bargaining agreement to determine whether UCS's actions violated the parties' contractual rights and responsibilities ( see Board of Educ. of City School Dist. of N.Y. v Mulgrew , 106 AD3d 551 , 552-553 [1st Dept 2013]).

2017The grievance clause in the 1994-1999 CBA specifically excludes retirement benefits from the grievance and arbitration procedure (cf. Matter of City of Niagara Falls [Niagara Falls Police Club Inc.], 52 AD3d 1327, 1327 [2008]).

2016The fact that certain cases I cited involved petitioners who were granted a grievance hearing even though they did not have written permission to reside in the subject apartment is inconsequential, because, those cases did not involve the failure to pay use and occupancy which once again, is the central issue in the instant case (see Diop, 135 AD3d at 665 [“The fact that petitioner may have paid rent for the premises does not warrant a different determination”]; Vereen, 123 AD3d at 479 [“Petitioner’s payment of use and occupancy cannot change an unauthorized occupant’s status and cannot be dee

2016The fact that certain cases I cited involved petitioners who were granted a grievance hearing even though they did not have written permission to reside in the subject apartment is inconsequential, because, those cases did not involve the failure to pay use and occupancy which once again, is the central issue in the instant case (see Diop, 135 AD3d at 665 [“The fact that petitioner may have paid rent for the premises does not warrant a different determination”]; Vereen, 123 AD3d at 479 [“Petitioner’s payment of use and occupancy cannot change an unauthorized occupant’s status and cannot be dee

2006Contrary to petitioner’s arguments, respondent is a party to the agreements, the dispute concerns the interpretation of language employed therein, and the broad grievance clause entitled respondent to pursue arbitration on behalf of retirees (see Ledain v Town of Ontario, supra at 255 n 5).

2006There was “no exception in the [agreements] for grievances concerning retirement benefits” (Matter of City of Johnstown [Johnstown Police Benevolent Assn.], supra at 279-280) and the obligation to follow the grievance procedure was not predicated upon the status of the affected beneficiaries (as active employee or retiree) or the time when the events predicating the grievance occurred (see Ledain v Town of Ontario, supra at 255).

2002(See Smith v Sipe, 109 AD2d 1034, 1037 [3d Dept 1985, Mahoney, P.J., dissenting op], revd on dissenting mem below 67 NY2d 928.) The complaint sets forth specific facts and theories regarding the ways in which representative Slywiak was negligent in negotiating plaintiffs grievance, citing representative Slywiak’s failure to raise allegedly meritorious arguments and his unwillingness to allow plaintiff to retain independent counsel as the major flaws in his representation.

2002(Id.; see Altamari v Parker, 189 AD2d 982, 984 .) The complaint must allege the type of “invidious, hostile treatment” or perfunctory handling of a grievance to state a claim for breach of the duty of fair representation.

2002At the grievance hearing, the petitioner did not establish that she occupied the apartment continuously or obtained the project management’s written approval to become a permanent member of the tenant family, which are necessary conditions to the recognition of the petitioner as a remaining family member under the circumstances at bar (see NY City Hous Auth Mgt Manual, ch VII, § E [1] [a]; see also Matter of Powell v Franco, supra; Matter of Davis v Franco, 270 AD2d 55 ; Matter of Kolarick v Franco, 240 AD2d 204 ).