Cromer v. County of Nassau, 57 N.Y.2d 927 (1982)

Employees initially hired under the Emergency Employment Act (EEA) and later appointed to civil service positions are entitled to have their prior EEA service credited when determining their placement in the incremental salary plan under a collective bargaining agreement.

Summary

This case concerns whether employees initially hired by Nassau County under the federally funded Emergency Employment Act (EEA) should have their prior EEA service credited towards their placement in the incremental salary plan upon securing civil service appointments. The Court of Appeals reversed the Appellate Division’s decision, holding that the employees’ service with the County commenced upon their initial EEA employment, not upon their subsequent civil service appointments. The court emphasized the existing employment relationship and the language of the collective bargaining agreement, remitting the case to the Appellate Division for factual review.

Facts

Individuals were initially employed by Nassau County in positions funded under the Emergency Employment Act of 1971 (EEA). Subsequently, these individuals secured civil service appointments with the County. A dispute arose concerning their placement in the incremental salary plan under the collective bargaining agreement. The employees argued that their initial EEA employment should be credited towards their salary placement.

Procedural History

The case was initially heard by the trial court. The Appellate Division reversed the trial court’s decision, finding that the employees’ county service commenced upon securing civil service appointments. The Court of Appeals reversed the Appellate Division’s order and remitted the case for further proceedings.

Issue(s)

Whether individuals formerly employed by the County of Nassau in positions funded under the Emergency Employment Act of 1971, as a matter of law, did not commence county service until they secured civil service appointment for purposes of placement in the incremental salary plan under the collective bargaining agreement.

Holding

No, because given the finding of an employment relationship between the county and the workers in the Federally funded positions, the support in the record for that finding and the language of the collective bargaining agreement, there is no basis for denying these workers credit for their EEA experience in determining their salaries under the agreement.

Court’s Reasoning

The Court of Appeals determined that the Appellate Division improperly concluded that the employees’ service commenced only upon their civil service appointments. The court highlighted the established employment relationship between the County and the employees during their EEA service. The court stated, “Given the finding of an employment relationship between the county and the workers in the Federally funded positions, the support in the record for that finding and the language of the collective bargaining agreement, there is no basis for denying these workers credit for their EEA experience in determining their salaries under the agreement.” The Court relied on the prior decision in Nassau Ch., Civ. Serv. Employee Assn. v County of Nassau, 53 NY2d 559. The court also noted that the Appellate Division’s determination was stated to be on the law and remitted the case to that court for a review of the facts, as required by CPLR 5613. The dissent, referencing the Appellate Division’s memorandum, would have affirmed the lower court’s ruling.