Bill Text: NY A05524 | 2021-2022 | General Assembly | Introduced

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Bill Title: Removes the requirement that a public employer continue terms of an expired agreement until a new agreement is negotiated with an employee organization.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2022-01-05 - referred to governmental employees [A05524 Detail]

Download: New_York-2021-A05524-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5524

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 19, 2021
                                       ___________

        Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
          A.  MANKTELOW  --  read  once and referred to the Committee on Govern-
          mental Employees

        AN ACT to amend the civil service  law,  in  relation  to  removing  the
          requirement that a public employer continue terms of an expired agree-
          ment until a new agreement is negotiated with an employee organization

          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, paragraphs (f)  and  (g)  as
     3  amended  by  section  1 of part E of chapter 55 of the laws of 2019, and
     4  paragraph (h) as amended by section 1 of part W of  chapter  55  of  the
     5  laws of 2020, is amended to read as follows:
     6    1. Improper employer practices. It shall be an improper practice for a
     7  public  employer  or  its  agents  deliberately  (a)  to interfere with,
     8  restrain or coerce public employees in  the  exercise  of  their  rights
     9  guaranteed in section two hundred two of this article for the purpose of
    10  depriving  them  of  such  rights; (b) to dominate or interfere with the
    11  formation or administration of any employee organization for the purpose
    12  of depriving them of  such  rights;  (c)  to  discriminate  against  any
    13  employee  for  the purpose of encouraging or discouraging membership in,
    14  or participation in the activities of, any employee organization; (d) to
    15  refuse to negotiate in good faith with the duly recognized or  certified
    16  representatives  of its public employees; (e) [to refuse to continue all
    17  the terms of an expired agreement until a new agreement  is  negotiated,
    18  unless the employee organization which is a party to such agreement has,
    19  during  such  negotiations  or  prior to such resolution of such negoti-
    20  ations, engaged in conduct violative of subdivision one of  section  two
    21  hundred  ten  of this article; (f)] to utilize any state funds appropri-
    22  ated for any purpose to train managers, supervisors or other administra-
    23  tive personnel regarding methods to discourage union organization or  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08108-01-1
        A. 5524                             2

     1  discourage  an  employee from participating in a union organizing drive;
     2  [(g)] (f) to fail to permit or refuse to afford a  public  employee  the
     3  right, upon the employee's demand, to representation by a representative
     4  of  the  employee  organization,  or  the designee of such organization,
     5  which has been certified or recognized under this article  when  at  the
     6  time  of  questioning  by  the  employer  of such employee it reasonably
     7  appears that he or she may be the subject of  a  potential  disciplinary
     8  action.  If representation is requested, and the employee is a potential
     9  target of disciplinary action at the time of questioning,  a  reasonable
    10  period  of  time shall be afforded to the employee to obtain such repre-
    11  sentation. It shall be an affirmative defense to any  improper  practice
    12  charge  under  paragraph [(g)] (f) of this subdivision that the employee
    13  has the right, pursuant to statute, interest arbitration award,  collec-
    14  tively negotiated agreement, policy or practice, to present to a hearing
    15  officer  or  arbitrator  evidence  of  the employer's failure to provide
    16  representation and to obtain exclusion of the  resulting  evidence  upon
    17  demonstration  of  such  failure. Nothing in this section shall grant an
    18  employee any right to representation by the representative of an employ-
    19  ee organization in any criminal investigation; or [(h)] (g) to  disclose
    20  home addresses, personal telephone numbers, personal cell phone numbers,
    21  personal  e-mail  addresses  of  a  public employee, as the term "public
    22  employee" is defined in subdivision seven of section two hundred one  of
    23  this  article,  except  (i) where required pursuant to the provisions of
    24  this article, (ii) to the extent compelled to do so by lawful service of
    25  process, subpoena, court order, or (iii) in accordance with  subdivision
    26  four  of  section  two  hundred  eight  of this article, or as otherwise
    27  required by law. This paragraph shall not prohibit other  provisions  of
    28  law  regarding  work-related,  publicly  available  information  such as
    29  title, salary, and dates of employment.
    30    § 2. This act shall take effect immediately.