Many New York State United Teachers members have been on the job for three years or less. This column appears periodically to address your union- or work-related questions.

A fellow substitute teacher said she collects unemployment, not only during summer months, but over school vacations as well. What is the law regarding substitute teachers and unemployment compensation?

Though the Department of Labor reviews all claims for unemployment benefits on a case-by-case basis, state law prohibits school employees from collecting unemployment benefits during breaks, such as summer vacation if you have a contract or a "Letter of Reasonable Assurance" from the school district. This letter is designed to give you a reasonable assurance that once the summer vacation or school break ends, you will receive about the same number of employment opportunities in the coming school year.

Of course, if you were to make yourself available for employment in the fall and there was no work for you, then you would have a claim for unemployment benefits. (For more info, visit the state Department of Labor's Web site at www.labor.state.ny.us.)

If you are thinking about retiring and your district is without a new contract, would a retirement incentive carry over under the Triborough Amendment?

The Triborough Amendment requires employers to continue the terms of an expired contract until a new agreement has been negotiated. A retirement incentive could carry over if it is in the old contract. However, incentives may not automatically carry over if the contract incentive has a time limit (e.g. it is provided only for a certain school year.) (Source: NYSUT Legal Department.)

Can a union contract supersede New York state education laws such as 913?

Education Law 913 is a provision that allows the board of education to order a school employee to undergo testing (of medical or physical health, for example) in order to ensure the safety of children.

A collective bargaining agreement does not supersede state education laws, but it may affect some of the requirements. For example, when the provision is for the benefit of the employee, it may be enhanced with contract language. But provisions created for the sake of the employer or children (like 913) can't be eliminated with contract language by employees. Contact your local president for specifics about your contract. (Source: NYSUT Legal Department)

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