Bill Text: NY A06372 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to enhancing the collective bargaining obligations of public employers and adjusting penalties for striking of public employees.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A06372 Detail]
Download: New_York-2011-A06372-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6372
2011-2012 Regular Sessions
I N A S S E M B L Y
March 16, 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 enhancing the
collective bargaining obligations of public employers and adjusting
penalties for striking of public employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph (a) of subdivision 4 of section 209-a of the
2 civil service law, as added by chapter 695 of the laws of 1994, is
3 amended to read as follows:
4 (a) A party filing an improper practice charge under this section may
5 petition the board to obtain injunctive relief, pending a decision on
6 the merits of said charge by an administrative law judge, upon a showing
7 that: (i) there is reasonable cause to believe an improper practice has
8 occurred, OR THERE IS REASONABLE CAUSE TO BELIEVE THAT THE INSISTENCE OF
9 A PUBLIC EMPLOYER OR EMPLOYEE ORGANIZATION UPON A BARGAINING DEMAND
10 WHICH IS A NON-MANDATORY SUBJECT OF BARGAINING IS LIKELY TO LEAD TO A
11 VIOLATION OF SECTION TWO HUNDRED TEN OF THIS ARTICLE, and (ii) where it
12 appears that immediate and irreparable injury, loss or damage will
13 result thereby rendering a resulting judgment on the merits ineffectual
14 necessitating the maintenance of, or return to, the status quo to
15 provide meaningful relief.
16 S 2. Paragraph (f) of subdivision 3 of section 210 of the civil
17 service law, as amended by chapter 677 of the laws of 1977, is amended
18 to read as follows:
19 (f) If the board determines that an employee organization has violated
20 the provisions of subdivision one of this section, the board shall order
21 forfeiture of the rights granted pursuant to the provisions of paragraph
22 (b) of subdivision one, and subdivision three of section two hundred
23 eight of this chapter, for such specified period of time as the board
24 shall determine, or, in the discretion of the board, for an indefinite
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10148-01-1
A. 6372 2
1 period of time subject to restoration upon application, with notice to
2 all interested parties, supported by proof of good faith compliance with
3 the requirements of subdivision one of this section since the date of
4 such violation, such proof to include, for example, the successful nego-
5 tiation, without a violation of subdivision one of this section, of a
6 contract covering the employees in the unit affected by such violation;
7 provided, however, that where a fine imposed on an employee organization
8 pursuant to subdivision two of section seven hundred fifty-one of the
9 judiciary law remains wholly or partly unpaid, after the exhaustion of
10 the cash and securities of the employee organization, the board shall
11 direct that, notwithstanding such forfeiture, such membership dues
12 deduction shall be continued to the extent necessary to pay such fine
13 and such public employer shall transmit such moneys to the court. In
14 fixing the duration of the forfeiture, the board shall consider all the
15 relevant facts and circumstances, including but not limited to: (i) the
16 extent of any wilful defiance of subdivision one of this section (ii)
17 the impact of the strike on the public health, safety, and welfare of
18 the community and (iii) the financial resources of the employee organ-
19 ization; and the board [may] SHALL consider (i) the refusal of the
20 employee organization or the appropriate public employer or the repre-
21 sentative thereof, to submit to the mediation and fact-finding proce-
22 dures provided in section two hundred nine and (ii) whether, if so
23 alleged by the employee organization, the appropriate public employer or
24 its representatives engaged in such acts of extreme provocation as to
25 detract from the responsibility of the employee organization for the
26 strike. In determining the financial resources of the employee organiza-
27 tion, the board shall consider both the income and the assets of such
28 employee organization. In the event membership dues are collected by the
29 public employer as provided in paragraph (b) of subdivision one of
30 section two hundred eight of this chapter, the books and records of such
31 public employer shall be prima facie evidence of the amount so
32 collected. IF THE BOARD FINDS THAT THE PUBLIC EMPLOYER HAS ENGAGED IN
33 ACTS OF EXTREME PROVOCATION SUCH AS TO DETRACT FROM THE RESPONSIBILITY
34 OF THE EMPLOYEE ORGANIZATION FOR THE STRIKE, THE BOARD SHALL ORDER THE
35 PUBLIC EMPLOYER TO REMIT TO THE EMPLOYEE ORGANIZATION A PORTION OF THE
36 LOSSES OF INCOME SUSTAINED BY THE EMPLOYEE ORGANIZATION OWING TO FORFEI-
37 TURE OF DUES DEDUCTION PROVIDED FOR IN THIS SUBDIVISION, NOT TO EXCEED
38 FIFTY PERCENT OF SUCH LOSSES. IN DETERMINING THE PAYMENT TO BE REMITTED
39 BY THE PUBLIC EMPLOYER TO THE EMPLOYEE ORGANIZATION, THE BOARD SHALL
40 CONSIDER THE EXTENT TO WHICH THE PUBLIC EMPLOYER'S ACTS CONTRIBUTED TO
41 THE EMPLOYEE ORGANIZATION'S DECISION TO VIOLATE SUBDIVISION ONE OF THIS
42 SECTION. FOR PURPOSES OF THIS SECTION, ACTS OF EXTREME PROVOCATION SHALL
43 INCLUDE THE USE OF ANY BARGAINING TACTICS WHICH ARE DESIGNED TO OR HAVE
44 THE EFFECT OF UNDULY EXACERBATING TENSIONS THAT ARISE IN COLLECTIVE
45 NEGOTIATIONS WHICH THE BOARD FINDS HAVE CONTRIBUTED TO THE ONSET OF THE
46 ACTIVITY WHICH VIOLATES SUBDIVISION ONE OF THIS SECTION, IRRESPECTIVE OF
47 WHETHER SUCH TACTICS ARE THE IMMEDIATE CAUSE OF THE STRIKE.
48 S 3. This act shall take effect immediately; provided, however, that
49 the amendments to paragraph (a) of subdivision 4 of section 209-a of the
50 civil service law made by section one of this act shall not affect the
51 repeal of such subdivision and shall be deemed repealed therewith.
