Judge Philip Straniere
Norris and Adeshuko commenced small claims actions against Social Services Employee Union 371 claiming defendant failed to properly calculate the amount due each claimant for severance pay. Claimants argued the long-standing policy of the union provided that terminated union employees were given three weeks’ severance pay, yet they were only given two weeks. The court noted there did not appear to be any written policy in the union’s operational manual for calculating severance. Defendant alleged the standard policy was for two weeks’ severance. The court noted as a member union of AFSCME, defendant must have a policy governing employee severance clearly identifying the amount of severance to be calculated. A failure to properly define such benefits in compliance with Labor Law §195 exposed the union to penalties, except when claimants engaged in administrative or executive duties, exempting defendant from civil penalties. However, as the only credible testimony from all the witnesses established that on the date of separation, defendant’s practice was to offer three weeks’ pay, the court granted judgment for claimants, as each established their prima facie case.
