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Post by backdoorit on Jun 10, 2013 11:48:23 GMT -5
Appeals panel hears Nassau wage freeze case
A lawyer for the Nassau County police union faced mostly skeptical questions on Monday from an appeals court panel about a federal judge's decision in April blocking a wage freeze ordered by the Nassau Interim Finance Authority.
Judges Susan Carney and Edward Korman, a district judge sitting by designation on the 2d U.S. Circuit Court of Appeals, both peppered Nassau PBA lawyer Alan Klinger with questions about why Central Islip U.S. District Judge Leonard Wexler didn't leave the issue to a state court.
"This is a very important matter of state law that state courts should address in the first instance, isn't it?" Carney asked at one point. The third member of the panel, Judge Rosemary Pooler, did not attend the argument.
The unions sued in federal court in 2011, arguing that a wage freeze adopted by NIFA to deal with Nassau's financial crisis violated federal constitutional protection for the sanctity of contracts. Wexler invalidated the freeze in February, saying it exceeded the board's authority under the state statute that created it.
He stayed his ruling pending appeal. Lawyers for NIFA and the county, which say more than $230 million in taxpayer savings may be at stake, argued that the judge misinterpreted the statute, and should have left it to a state court if he wasn't going to find a constitutional violation.
After the arguments, PBA president James Carver said that judges' questions can be misleading. "Contracts should be honored," he said. "We feel we should prevail."
The judges gave no timetable for their ruling.
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Post by nybuild1 on Jun 10, 2013 12:28:24 GMT -5
Uh oh... that doesn't sound promising.
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Post by onthejob on Jun 10, 2013 12:37:53 GMT -5
Those guys in the academy might want to see if their old jobs are still available. No reason to stay if this goes south.
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Post by tensevencop on Jun 10, 2013 13:32:40 GMT -5
Sounds like another year of waiting to me. I hope I am wrong.
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Post by 1090cop on Jun 10, 2013 13:46:35 GMT -5
This is criminal!
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regrets
Participating Member
Posts: 99
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Post by regrets on Jun 10, 2013 14:47:00 GMT -5
It's mindboggling to me that someone would take this job knowing they can be stuck at 34k for the rest of their career.
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Post by backdoorit on Jun 10, 2013 15:12:12 GMT -5
Presidents email just sent out
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zzzz
Full Member
Posts: 222
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Post by zzzz on Jun 10, 2013 15:48:36 GMT -5
Delays, delays, delays, delays...... More delays, more delays.... But bills keep piling up, up, up.... Refinance, 0% credit cards, transfer balances, personal loans etc. All for not!! Every delay is a win for county and ultimately will be another loss for the worker. At least newsday will be happy.... Sorry so negative guys. Realist
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Post by doughnut on Jun 10, 2013 16:19:38 GMT -5
When I retire, although it looks like I will never, I'm going to be an attorney either for the county or the PBA.
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Post by tensevencop on Jun 10, 2013 16:31:42 GMT -5
Im gonna be pba president and get 200k plus a year and not have to get anything accomplished.
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zzzz
Full Member
Posts: 222
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Post by zzzz on Jun 10, 2013 17:17:51 GMT -5
It has nothing to do with Jimmy. It has everything to do with the courts wanting govt control of the people. Pass the buck. Nifa and Ed Mangano and the Nassau Legislature who all cant manage anything. We are the ones who suffer in the end. They dont care. They are all well off. The court is aware of the money behind this. We live in an almost communist country of late. Govt control is the goal here. I say if you are eligible to retire you better do so before they take your pension too
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Post by lost on Jun 10, 2013 18:00:19 GMT -5
All buying the county more and more time; Wexler only ruled on a state issue and left the 2 constitutional issues alone; that is the basis of nifa's appeal and in that regard wexler kind of screwed us, whether he was correct in his interpretation of the law or not.
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Post by rodfather on Jun 10, 2013 18:15:02 GMT -5
I'm never going to see top pay.
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ncpd17
Participating Member
Living the Dream!
Posts: 99
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Post by ncpd17 on Jun 10, 2013 19:00:33 GMT -5
This sure doesn't sound good. You know it's bad when the judges are giving your attorneys a hard time the 1st day of hearing the case. I'm just amazed how we the blue-collar, union workers are all of a sudden the scourge of society. I just hope things take a turn for the better. I knew Wexler's decision sounded too good to be true. Sounds like all it did was piss off the State judges!
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Post by opie on Jun 10, 2013 19:26:13 GMT -5
Govt control is the goal here. I say if you are eligible to retire you better do so before they take your pension too Nothing is guaranteed anymore......including your PENSION. There is always plenty of MONEY for corporate bailouts, wars all over the world, 700+ military bases, and welfare cheese but the well is dry when it comes to the working man!
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