Bill Text: NY A05788 | 2011-2012 | General Assembly | Introduced

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Bill Title: Allows a strike by public employees if collective negotiation procedures had first been utilized and exhausted.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to governmental employees [A05788 Detail]

Download: New_York-2011-A05788-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5788
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 1, 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 strikes by public
         employees
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 200 of the civil service law, as amended by chapter
    2  24 of the laws of 1969, is amended to read as follows:
    3    S 200.  Statement of policy.  The legislature of the state of New York
    4  declares  that  it  is the public policy of the state and the purpose of
    5  this [act] ARTICLE to promote harmonious and  cooperative  relationships
    6  between government and its employees and to protect the public by assur-
    7  ing,  at  all  times, the orderly and uninterrupted operations and func-
    8  tions of government.  These policies are best effectuated by (a)  grant-
    9  ing  to  public  employees the right of organization and representation,
   10  (b) requiring the state, local governments and other political  subdivi-
   11  sions to negotiate with, and enter into written agreements with employee
   12  organizations representing public employees which have been certified or
   13  recognized,  (c)  encouraging  such  public  employers and such employee
   14  organizations to agree  upon  procedures  for  resolving  disputes,  (d)
   15  creating  a  public  employment  relations  board to assist in resolving
   16  disputes between public employees and public employers, and (e) continu-
   17  ing the prohibition against strikes by public employees EXCEPT AS  HERE-
   18  INAFTER  PROVIDED and providing remedies for violations of such prohibi-
   19  tion.
   20    S 2. Subdivision 1 of section 210 of the civil service law, as amended
   21  by chapter 24 of the laws of 1969, is amended to read as follows:
   22    1. No public employee or  employee  organization  shall  engage  in  a
   23  strike,  and  no  public  employee or employee organization shall cause,
   24  instigate, encourage, or condone a strike; PROVIDED, HOWEVER, THAT IF  A
   25  STRIKE BY PUBLIC EMPLOYEES OCCURS AFTER THE COLLECTIVE NEGOTIATION PROC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09083-01-1
       A. 5788                             2
    1  ESS  SET  FORTH  IN  SECTION  TWO  HUNDRED NINE OF THIS ARTICLE HAS BEEN
    2  COMPLETELY UTILIZED AND EXHAUSTED, IT SHALL NOT BE PROHIBITED.
    3    S  3.  Paragraph  (a)  of  subdivision  2  of section 210 of the civil
    4  service law, as amended by chapter 24 of the laws of 1969, is amended to
    5  read as follows:
    6    (a) Violations and penalties. [A]  EXCEPT  AS  OTHERWISE  PROVIDED  IN
    7  SUBDIVISION  ONE  OF  THIS SECTION, A public employee shall violate this
    8  subdivision by engaging in a strike or violating paragraph (c)  of  this
    9  subdivision and shall be liable as provided in this subdivision pursuant
   10  to  the  procedures contained herein.   In addition, any public employee
   11  who violates subdivision one of this section may be subject  to  removal
   12  or other disciplinary action provided by law for misconduct.
   13    S  4.  Paragraph  (h)  of  subdivision  3  of section 210 of the civil
   14  service law, as amended by chapter 24 of the laws of 1969, is amended to
   15  read as follows:
   16    (h) No compensation shall be paid by a public  employer  to  a  public
   17  employee  with  respect to any day or part thereof when such employee is
   18  engaged in a strike against such employer IN  VIOLATION  OF  SUBDIVISION
   19  ONE OF THIS SECTION. The chief fiscal officer of the government involved
   20  shall  withhold such compensation upon receipt of the notice provided by
   21  paragraph (e) of subdivision two of  THIS  section  [two  hundred  ten];
   22  notwithstanding  the  failure  to  have  received such notice, no public
   23  employee or officer having knowledge that such employee has  so  engaged
   24  in such a strike shall deliver or [caused] CAUSE to be delivered to such
   25  employee  any cash, check or payment which, in whole or in part, repres-
   26  ents such compensation.
   27    S 5. This act shall take effect immediately.