Citation Numbers: 50 A.D.2d 833
Filed Date: 12/15/1975
Status: Precedential
Modified Date: 1/12/2022
— Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated September 27, 1974, which (a) vacated an order of the State Division of Human Rights, dated January 31, 1974, dismissing the complaint after a hearing, and (b) remanded the matter to the division for further proceedings. Petition granted, order of the State Human Rights Appeal Board annulled and determination of the State Division of Human Rights reinstated, on the law, without costs. In the fall of 1971 petitioner, Castagna & Son, Inc., and respondent James Chambers entered into a conciliation agreement arising out of a previously filed complaint by Chambers which charged petitioner with unlawful discriminatory practices relating to employment. The agreement, embodied in a paper filed with the State Division of Human Rights, provides as follows: "An agreement of conciliation having been reached wherein it is agreed as follows: 1. The complainant, james chambers, is to be employed by sorly carpenter corp., a subcontractor of the respondent, castagna & sons, inc., as a trim carpenter on the Bellevue Hospital Project starting Nov 29, 1971. 2. The said james chambers may not be fired, suspended, laid off, or otherwise separated from his employment without advising Frank Castagna, president of the respondent, Castagna & Sons, Inc., and Murray S. Bernstein, attorney for the complainant, James Chambers, the grounds or reasons for his impending disengagement. 3. The parties hereto consent to an order of conciliation. Dated: December 14, 1971. CASTAGNA & SONS, INC., By: /s/ FRANK CASTAGNA /s/ LEONARD LAZARUS /s/ james chambers /s/ Murray s. bornstein” Significantly, the conciliation agreement neither specifies the type of notice to be given nor the person to bear the responsibility of furnishing such notice. Pursuant to the terms of the agreement, respondent Chambers commenced working for Sorly Carpenter Corp. on November 29, 1971. He was continually employed by Sorly until August 3, 1972, when he was discharged. It is conceded by petitioner that the notice provided for in the agreement was not given to respondent