Bill Text: NY A03767 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides notification of employment or promotion of applicable employees to organizations of state employees designated managerial or confidential for purposes of employee representation in determining the terms and conditions of employment.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-06-03 - RETURNED TO ASSEMBLY [A03767 Detail]

Download: New_York-2023-A03767-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         3767--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2023
                                       ___________

        Introduced  by  M. of A. PHEFFER AMATO, EACHUS -- read once and referred
          to the Committee on  Governmental  Employees  --  recommitted  to  the
          Committee  on  Governmental Employees in accordance with Assembly Rule
          3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
          amended  and  recommitted  to  said  committee  --  recommitted to the
          Committee on Governmental Employees in accordance with  Assembly  Rule
          3,  sec.  2  --  again  reported  from said committee with amendments,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the civil service law, in relation to employee represen-
          tation of state employees designated managerial or confidential

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 208 of the civil service law is amended by adding a
     2  new subdivision 4-a to read as follows:
     3    4-a.  (a) Within thirty days of a public employee who is designated as
     4  managerial or confidential pursuant to subdivision seven of section  two
     5  hundred  one  of  this  article  first being employed or reemployed by a
     6  public employer, or within thirty days of being promoted or  transferred
     7  within  the  existing  employing  agency  or a new employing agency, the
     8  public employer shall notify an organization that advocates for  manage-
     9  rial  or confidential employees, as such employees are designated pursu-
    10  ant to subdivision seven of section two hundred one of this article,  of
    11  such  employee's  name, address, job title, employing agency, department
    12  or other operating unit, and work location; and
    13    (b) Within thirty days of providing notice in paragraph  (a)  of  this
    14  subdivision,  a  public  employer shall allow a duly appointed represen-
    15  tative of the organization that advocates for managerial or confidential
    16  employees, as such employees  are  designated  pursuant  to  subdivision
    17  seven  of  section  two  hundred  one of this article, to meet with such
    18  employee for a reasonable amount of time  during  such  employee's  work
    19  time  without charge to leave credits, unless otherwise specified within

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06697-04-4
        A. 3767--B                          2

     1  an existing agreement, policy or procedure currently existing for public
     2  employees who  are  designated  managerial  or  confidential,  provided,
     3  however,  that  the  arrangements  for such meeting must be scheduled in
     4  consultation  with  a  designated representative of the public employer;
     5  and
     6    (c) Upon the request of the organization that advocates for managerial
     7  or confidential employees, as such employees are designated pursuant  to
     8  subdivision seven of section two hundred one of this article, and if the
     9  public  employer conducts new employee orientations, the public employer
    10  shall provide an organization that advocates for managerial or confiden-
    11  tial employees, as such employees are designated pursuant to subdivision
    12  seven of section two hundred one of this article,  mandatory  access  to
    13  such new employee orientations. Such organization shall receive not less
    14  than ten days' notice in advance of an orientation, except that a short-
    15  er  notice  may  be  provided  in  a specific instance where there is an
    16  urgent need critical to the employer's operations that was  not  reason-
    17  ably foreseeable to provide such notice. The structure, time, and manner
    18  of  exclusive  representative  access shall be determined through mutual
    19  agreement between such organization and the employer.
    20    § 2. This act shall take effect immediately.