Bill Text: NY A04955 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides that where there are improper employer practices as found by PERB, by failing to negotiate in good faith, the last offer of the duly recognized employee representative shall become the agreement between parties until changed or modified by mutual agreement of the parties.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A04955 Detail]

Download: New_York-2011-A04955-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4955
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 9, 2011
                                      ___________
       Introduced by M. of A. ABBATE -- read once and referred to the Committee
         on Governmental Employees
       AN  ACT to amend the civil service law, in relation to improper employer
         practices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 209-a of the civil service law, as
    2  amended  by  chapter  244  of  the  laws  of 2007, is amended to read as
    3  follows:
    4    1. Improper employer practices. It shall be an improper practice for a
    5  public employer or  its  agents  deliberately  (a)  to  interfere  with,
    6  restrain  or  coerce  public  employees  in the exercise of their rights
    7  guaranteed in section two hundred two of this article for the purpose of
    8  depriving them of such rights; (b) to dominate  or  interfere  with  the
    9  formation or administration of any employee organization for the purpose
   10  of  depriving  them  of  such  rights;  (c)  to discriminate against any
   11  employee for the purpose of encouraging or discouraging  membership  in,
   12  or participation in the activities of, any employee organization; (d) to
   13  refuse  to negotiate in good faith with the duly recognized or certified
   14  representatives of its public employees, AND NOTWITHSTANDING  ANY  OTHER
   15  PROVISION  OF  THIS  ARTICLE,  WHERE SUCH EMPLOYER IS DETERMINED TO HAVE
   16  VIOLATED THIS PARAGRAPH, THE LAST OFFER OF THE DULY RECOGNIZED OR CERTI-
   17  FIED REPRESENTATIVE OF ITS PUBLIC EMPLOYEES SHALL BECOME  THE  AGREEMENT
   18  BETWEEN  SUCH  EMPLOYER  AND SUCH EMPLOYEES UNTIL CHANGED OR MODIFIED BY
   19  MUTUAL AGREEMENT OF THE PARTIES; (e) to refuse to continue all the terms
   20  of an expired agreement until a new agreement is negotiated, unless  the
   21  employee  organization  which  is  a party to such agreement has, during
   22  such negotiations or prior to  such  resolution  of  such  negotiations,
   23  engaged  in  conduct violative of subdivision one of section two hundred
   24  ten of this article; (f) to utilize any state funds appropriated for any
   25  purpose to train managers, supervisors or other administrative personnel
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09078-01-1
       A. 4955                             2
    1  regarding methods to discourage union organization or to  discourage  an
    2  employee  from participating in a union organizing drive; or (g) to fail
    3  to permit or refuse to afford a public  employee  the  right,  upon  the
    4  employee's demand, to representation by a representative of the employee
    5  organization,  or  the  designee  of  such  organization, which has been
    6  certified or recognized under this article when at the time of question-
    7  ing by the employer of such employee it reasonably appears  that  he  or
    8  she  may be the subject of a potential disciplinary action. If represen-
    9  tation is requested, and the employee is a potential target of discipli-
   10  nary action at the time of questioning,  a  reasonable  period  of  time
   11  shall  be  afforded  to  the  employee to obtain such representation. It
   12  shall be an affirmative defense to any improper  practice  charge  under
   13  paragraph  (g)  of  this  subdivision  that  the employee has the right,
   14  pursuant to statute, interest arbitration award, collectively negotiated
   15  agreement, policy or practice, to present to a hearing officer or  arbi-
   16  trator  evidence of the employer's failure to provide representation and
   17  to obtain exclusion of the resulting evidence upon demonstration of such
   18  failure. Nothing in this section shall grant an employee  any  right  to
   19  representation  by the representative of an employee organization in any
   20  criminal investigation.
   21    S 2. This act shall take effect immediately.