Ferrara Fiorenza P.C.

Labor Relations and Employment

We are involved in providing services in labor negotiations, when requested, in contract administration and arbitration work, in researching labor and employment related issues and, when appropriate, in defending our clients in litigation. More specifically, our attorneys provide the following services for our School District and BOCES clients:

• Counsel to Boards of Education with respect to legal issues and relationships; attendance at board meetings as desired.

• Counsel and representation in all aspects of collective negotiations with various bargaining units, including contract analysis, preparation for and attendance at negotiations, analysis of district and union contract proposals, and service as chief spokesperson at the bargaining table.

• Counsel and representation in connection with the prevention and defense of claims of employment discrimination under the New York State Human Rights Law, federal civil rights laws and federal laws mandating equal employment opportunities, including Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title IX of the Education Amendments of 1972.

• Counsel and representation relative to disciplinary proceedings against tenured teachers and administrators pursuant to Section 3020-a of the Education Law.

• Counsel and representation with respect to other proceedings related to discipline and dismissal of teaching and non-teaching employees, including termination of probationary employees and related grievance and arbitration hearings.

• Counsel and representation relative to proceedings before the Public Employment Relations Board and related judicial proceedings.

• Advice and counsel regarding the recruitment, appointment, duties, responsibilities and termination of instructional and non-instructional employees.

• Counsel and representation relative to the legal qualifications, teaching certificates, and other required licenses of teaching staff; proposed reductions in force and related seniority and tenure area questions; transfer and/or assignment of teaching duties; various forms of leaves of absence, workers' compensation and Family Medical Leave Act implications, the powers, duties and appointments of substitute and part-time teachers; and issues concerning unemployment compensation.

• Assistance in the design, training and implementation of individual and District-wide performance appraisal and remediation systems for professional staff to assist in compliance with District obligations under the amended § 3020-a Education Law proceedings.


• Counsel and representation of districts in connection with claims involving veterans' rights and preferences under related employment laws.

• Advice and consultation with respect to drug and alcohol testing for bus drivers and other employees.

• Counsel and representation relative to labor relations disputes, including court action to obtain injunctive relief and contempt citations, and proceedings before the Public Employer Relations Board administrative agencies.