Court of Appeals of New York
In the Matter of Roseann Kilduff v. Rochester City School District, 192
In this case, petitioner, a tenured school social worker, was suspended for 30 days without pay, and after unsuccessfully grieving the matter via the process specified in the collective bargaining agreement (CBA), she commenced an article 78 proceeding to annul the disciplinary determination. Order granting the article 78 petition is affirmed, where: 1) Education Law section 3020 categorically requires that all CBAs becoming effective on or after September 1, 1994 afford eligible employees facing discipline the right to elect the review process provided by Education Law section 3020-a, even if the CBA retained an unaltered alternative grievance procedure originally agreed upon before September 1, 1994; and 2) petitioner had the right to choose the statutory review process over the alternative grievance procedure contained in the CBA, and failure to honor that right required the annulment of the challenged discipline.
Appellate Information
- Decided 11/20/2014
- Published 11/20/2014
Judges
- Lippman
Court
- Court of Appeals of New York