Bill Text: NY A05736 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the negotiability of discipline in a collective bargaining agreement; includes discipline and disciplinary procedures as terms and conditions of employment.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-06-05 - reported referred to codes [A05736 Detail]
Download: New_York-2011-A05736-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5736 2011-2012 Regular Sessions I N A S S E M B L Y February 28, 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 the negotiability of discipline affecting public employees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings and declarations. The legislature 2 hereby finds, declares and reaffirms that the 1967 Public Employee's 3 Fair Employment Act establishes that the public policy of the state, and 4 the purpose of the Act, is to promote harmonious and cooperative 5 relationships between government and its employees and to protect the 6 public by assuring, at all times, the orderly and uninterrupted opera- 7 tion and functions of government. Included among the policies adopted 8 was the requirement that the state, local governments, and other poli- 9 tical subdivisions negotiate and enter into agreements with employee 10 organizations about terms and conditions of employment. Over the many 11 years subsequent to the enactment of the Act, the negotiability of 12 discipline, including disciplinary procedures, has been incorporated 13 into collective bargaining agreements throughout the state. The legisla- 14 ture now declares that this practice of negotiating fair disciplinary 15 protections and procedures for public employees must continue. 16 Recent court decisions involving public employees has erroneously 17 declared that the "public policy" of the state is to prohibit absolutely 18 the negotiation of disciplinary procedures in certain places where there 19 exist legislative enactments on the subject of discipline. The legisla- 20 ture declares a necessity for the enactment of this act to ensure that 21 discipline, including disciplinary procedures, will continue as a manda- 22 tory subject of collective negotiation to enhance the prohibition 23 against strikes and the protection against the destruction of vital 24 public services delivered by public employees throughout the state. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09548-01-1 A. 5736 2 1 S 2. Subdivision 4 of section 201 of the civil service law, as amended 2 by chapter 606 of the laws of 1992, is amended to read as follows: 3 4. The term "terms and conditions of employment" means salaries, 4 wages, hours, DISCIPLINE, AND DISCIPLINARY PROCEDURES INCLUDING ALTERNA- 5 TIVES TO ANY STATUTORY DISCIPLINARY SYSTEM PROVIDED, HOWEVER, THAT ANY 6 RIGHT OF A PUBLIC EMPLOYEE UNDER THE TERMS OF ANY STATE LAW TO ELECT 7 COVERAGE UNDER EITHER A STATUTORY DISCIPLINARY SYSTEM OR A DISCIPLINARY 8 SYSTEM ESTABLISHED BY COLLECTIVE NEGOTIATIONS SHALL NOT BE IMPAIRED, 9 UNLESS ANY SUCH STATE LAW AUTHORIZES EXCLUSIVITY OF A NEGOTIATED DISCI- 10 PLINARY SYSTEM, and other terms and conditions of employment provided, 11 however, that such term shall not include any benefits provided by or to 12 be provided by a public retirement system, or payments to a fund or 13 insurer to provide an income for retirees, or payment to retirees or 14 their beneficiaries. No such retirement benefits shall be negotiated 15 pursuant to this article, and any benefits so negotiated shall be void. 16 S 3. This act shall take effect immediately.