Appellate Division Kills Lawsuit on Court Clerks

(December 18, 2006, James Hennerty, Dep. Director of Contract Administration)

The Appellate Division, Third Department, effectively killed the CSEA lawsuit disputing UCS's decision to change its mind and not reclassify Court Clerks to Senior Court Clerks when Court Officers provide security. The Justices insist that the peace officer status of Clerk titles in the downstate area does provide a "back-up security" force that makes them different from upstate Clerks. The fact that that belief is completely untrue does not seem to have penetrated the judicial mindset.

The Court also pooh-poohed the Civil Service Law mandate that the State give equal pay for equal work, questioning the ability to enforce it, and saying that the State can violate the policy in some cases. This is the kind of "reasoning" that makes the public think judges are irrational, arbitrary, and capricious!

There will probably not be an appeal of the decision. We would need Court of Appeals permission to appeal, and they are not going to find against the Chief Judge and Chief Administrative Judge, their bosses. CSEA will work on new strategies to address this ongoing problem.

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