Bill Text: NY A05992 | 2015-2016 | General Assembly | Introduced
Bill Title: Creates a collective bargaining by region for school districts that choose to opt in; provides that such regional agreements shall apply to all districts which choose to opt-in, whether BOCES members or not, and would be limited to compensation, unless other subjects are agreed upon; makes related provisions.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-05-24 - held for consideration in governmental employees [A05992 Detail]
Download: New_York-2015-A05992-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5992 2015-2016 Regular Sessions I N A S S E M B L Y March 9, 2015 ___________ Introduced by M. of A. GALEF, MONTESANO -- Multi-Sponsored by -- M. of A. KATZ -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to collective bargaining by region for school districts THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The civil service law is amended by adding a new section 2 215 to read as follows: 3 S 215. COLLECTIVE BARGAINING BY REGION FOR SCHOOL DISTRICTS. 1. ANY 4 PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE, RESOLUTION, 5 RULE OR REGULATION RELATING TO THE PROVISIONS OF THIS SECTION IS SUPER- 6 SEDED BY THIS SECTION TO THE EXTENT THAT IT IS INCONSISTENT THEREWITH, 7 BUT SHALL REMAIN APPLICABLE AND IN FULL FORCE AND EFFECT TO THE EXTENT 8 THAT IT IS CONSISTENT THEREWITH. 9 2. THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS SHALL 10 MAKE AVAILABLE LABOR RELATIONS PROFESSIONALS WHO SHALL PROVIDE TECHNICAL 11 ASSISTANCE AND ADVICE TO DISTRICT SUPERINTENDENTS AND THEIR BOARDS OF 12 COOPERATIVE EDUCATIONAL SERVICES TO FACILITATE THE REGIONAL BARGAINING 13 PROCEDURE AND TO COORDINATE AN EFFICIENT AND EFFECTIVE PROCESS BOTH 14 REGIONALLY AND AMONG ALL THE SUPERVISORY DISTRICTS IN WHICH THERE IS A 15 REGIONAL COLLECTIVE BARGAINING TEAM. 16 3. IN EACH SUPERVISORY DISTRICT GOVERNED BY A BOARD OF COOPERATIVE 17 EDUCATIONAL SERVICES PURSUANT TO THE EDUCATION LAW THERE SHALL BE A 18 REGIONAL COLLECTIVE BARGAINING TEAM. SUCH TEAM SHALL CONSIST OF NO LESS 19 THAN THREE AND NO MORE THAN SEVEN PERSONS APPOINTED BY THE DISTRICT 20 SUPERINTENDENT, UPON THE ADVICE AND CONSULTATION OF THE DIRECTOR OF THE 21 GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, EACH OF WHOM MUST BE APPROVED 22 BY MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES. 23 4. THE EMPLOYEE ORGANIZATIONS REPRESENTING TEACHERS IN EACH BARGAINING 24 UNIT FROM THE SCHOOL DISTRICTS WITHIN THE SUPERVISORY DISTRICT SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01445-01-5 A. 5992 2 1 SELECT NO LESS THAN THREE AND NO MORE THAN SEVEN PERSONS TO SERVE ON THE 2 EMPLOYEE ORGANIZATION'S REGIONAL COLLECTIVE BARGAINING TEAM. 3 5. THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS SHALL 4 DECIDE AT HIS OR HER DISCRETION THE DATE OF WHICH AN INITIAL DEMAND TO 5 BEGIN COLLECTIVE NEGOTIATIONS SHALL BE PROFFERED IN EACH SUPERVISORY 6 DISTRICT. THESE DATES SHALL PROVIDE FOR A PHASED IN IMPLEMENTATION 7 ACROSS THE STATE. THE DIRECTOR SHALL CONSULT WITH THE COMMISSIONER OF 8 EDUCATION AND OTHERS, AS HE OR SHE DEEMS APPROPRIATE, INCLUDING DISTRICT 9 SUPERINTENDENTS, TO ARRIVE AT SUCH SCHEDULE. 10 6. THE DISTRICT SUPERINTENDENT, THROUGH HIS OR HER REGIONAL COLLECTIVE 11 BARGAINING TEAM REPRESENTING SCHOOL DISTRICTS WITHIN THE SUPERVISORY 12 DISTRICT, AND THE EMPLOYEE ORGANIZATION, THROUGH ITS REGIONAL COLLECTIVE 13 BARGAINING TEAM REPRESENTING TEACHERS FROM SUCH DISTRICTS, SHALL HAVE AN 14 OBLIGATION TO NEGOTIATE COLLECTIVELY WITH EACH OTHER REGARDING TERMS AND 15 CONDITIONS OF EMPLOYMENT THAT ARE TO BE THE SUBJECT OF THE REGIONAL 16 COLLECTIVE BARGAINING AGREEMENT, DEFINED AS SUCH TERMS THAT ARE DIRECTLY 17 RELATED TO COMPENSATION AND CERTAIN FRINGE BENEFITS, INCLUDING SALARY, 18 STIPENDS, LOCATION PAY, DIFFERENTIAL PAY FOR CERTAIN POSITIONS, RETIRE- 19 MENT BENEFITS EXCEPT THOSE WHICH ARE PROHIBITED FROM BARGAINING PURSUANT 20 TO SUBDIVISION FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, MEDICAL 21 AND HOSPITALIZATION BENEFITS AND INSURANCE, PAID TIME OFF, AND THE TERMS 22 AND CONDITIONS SET FORTH IN REGIONAL COLLECTIVE BARGAINING AGREEMENTS 23 PREVIOUSLY NEGOTIATED BETWEEN THE PARTIES. ALL OTHER MATTERS, INCLUDING, 24 BUT NOT LIMITED TO, DISCIPLINARY PROCEDURES, WORK YEAR AND WORK DAY, 25 SCHEDULING, AND JOB SECURITY, MAY BE INCLUDED IN THE REGIONAL COLLECTIVE 26 BARGAINING AGREEMENT AS THE PARTIES AGREE, HOWEVER, NEITHER PARTY SHALL 27 HAVE AN OBLIGATION TO NEGOTIATE SUCH ISSUES WITH RESPECT TO THE REGIONAL 28 COLLECTIVE BARGAINING PROCESS. 29 7. UPON AN AGREEMENT REGARDING ALL OF THE NEGOTIABLE TERMS AND CONDI- 30 TIONS OF EMPLOYMENT AS SET FORTH IN SUBDIVISION SIX OF THIS SECTION 31 BETWEEN THE REGIONAL BARGAINING TEAMS OF THE SUPERVISORY DISTRICT AND 32 THE EMPLOYEE ORGANIZATIONS, A MEMORANDUM OF AGREEMENT SHALL BE PREPARED 33 AND PRESENTED TO THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR 34 RATIFICATION AND APPROVAL AND THE BARGAINING UNITS FOR RATIFICATION. 35 THERE SHALL BE A SINGLE VOTE OF THE COLLECTIVE MEMBERS OF THE TEACHERS' 36 BARGAINING UNITS OF ALL THE SCHOOL DISTRICTS WITHIN THE SUPERVISORY 37 DISTRICT FOR RATIFICATION. PRIOR TO RATIFICATION/APPROVAL VOTES, THE 38 MEMORANDUM OF AGREEMENT SHALL BE PRESENTED TO THE DIRECTOR OF THE GOVER- 39 NOR'S OFFICE OF EMPLOYEE RELATIONS; THE DIRECTOR, IN HIS OR HER SOLE 40 DISCRETION, MAY VOID A MEMORANDUM OF AGREEMENT IF HE OR SHE FINDS AN 41 ERROR IN LAW OR FINDS ONE OR MORE PARTS OF THE AGREEMENT TO BE AGAINST 42 PUBLIC POLICY. 43 8. FOR THE LIMITED PURPOSE OF THE RESOLUTION OF IMPASSE IN COLLECTIVE 44 BARGAINING PURSUANT TO THIS SECTION, THE PROVISIONS OF PARAGRAPHS (A) 45 THROUGH (E) OF SUBDIVISION THREE OF SECTION TWO HUNDRED NINE OF THIS 46 ARTICLE SHALL APPLY. WHERE NECESSARY, THE LEGISLATIVE BODY SHALL BE THE 47 BOARD OF COOPERATIVE EDUCATIONAL SERVICES FOR THE PURPOSES OF THIS 48 SECTION. 49 9. THE RESULTING REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL SUPER- 50 SEDE THE TERM OF EVERY PARTICIPATING SCHOOL DISTRICT'S LOCAL COLLECTIVE 51 BARGAINING AGREEMENT WITH RESPECT TO ONLY THE TERMS AND CONDITIONS OF 52 EMPLOYMENT THAT ARE SET FORTH IN THE REGIONAL COLLECTIVE BARGAINING 53 AGREEMENT. 54 (A) THE TERMS OF THE REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL BE 55 EFFECTIVE IMMEDIATELY WITH RESPECT TO ANY EMPLOYEES COVERED BY THE A. 5992 3 1 REGIONAL AGREEMENT WHO ARE HIRED SUBSEQUENT TO THE DATE ON WHICH THE 2 REGIONAL AGREEMENT IS FULLY RATIFIED AND APPROVED. 3 (B) THE TERMS OF THE REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL BE 4 EFFECTIVE WITH RESPECT TO ANY EMPLOYEES COVERED BY THE REGIONAL AGREE- 5 MENT WHO ARE EMPLOYED ON THE DATE ON WHICH THE REGIONAL AGREEMENT IS 6 FULLY RATIFIED AND APPROVED, UPON THE STATED EXPIRATION DATE SET FORTH 7 IN THE APPLICABLE LOCAL SCHOOL DISTRICT'S LOCAL COLLECTIVE BARGAINING 8 AGREEMENT. 9 (C) EMPLOYEES TO WHICH PARAGRAPH (B) OF THIS SUBDIVISION APPLIES, 10 SHALL BE HELD HARMLESS FROM ANY BASE SALARY REDUCTION AS A RESULT OF THE 11 REGIONAL COLLECTIVE BARGAINING AGREEMENT FOR A PERIOD OF THREE YEARS 12 FROM THE DATE ON WHICH THE REGIONAL AGREEMENT IS FULLY RATIFIED AND 13 APPROVED. 14 10. EVERY COMPONENT AND NON-COMPONENT SCHOOL DISTRICT WITHIN THE 15 SUPERVISORY DISTRICT SHALL HAVE THE OPTION OF BEING A PARTICIPATING 16 SCHOOL DISTRICT, UPON THE APPROVAL BY MAJORITY VOTE OF THE BOARD OF 17 EDUCATION OR BOARD OF TRUSTEES OF SAID DISTRICT. ONCE A SCHOOL DISTRICT 18 BECOMES A PARTICIPATING SCHOOL DISTRICT, THERE SHALL BE NO FURTHER VOTE 19 ON THE SUBJECT, EXCEPT THAT, AFTER NO LESS THAN FIVE YEARS FROM THE DATE 20 OF BECOMING A PARTICIPATING SCHOOL DISTRICT THE COMMISSIONER OF EDUCA- 21 TION MAY APPROVE A PETITION BY SAID PARTICIPATING SCHOOL DISTRICT TO 22 ALLOW FOR A VOTE ON THE SUBJECT. THE SCHOOL DISTRICT'S DECISION ABOUT 23 WHETHER TO PARTICIPATE AND/OR CONTINUE ITS PARTICIPATION, AND THE IMPACT 24 THEREOF, SHALL NOT BE A MANDATORY SUBJECT OF BARGAINING. EVERY SCHOOL 25 DISTRICT'S BOARD OF EDUCATION OR BOARD OF TRUSTEES SHALL HAVE HELD A 26 PUBLIC HEARING AND RECORDED VOTE IN PUBLIC SESSION UPON THE QUESTION OF 27 WHETHER TO BECOME A PARTICIPATING SCHOOL DISTRICT WITHIN ONE HUNDRED 28 EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION. 29 11. UPON BECOMING A PARTICIPATING SCHOOL DISTRICT, THE TERMS OF THE 30 EXISTING REGIONAL COLLECTIVE BARGAINING AGREEMENT FOR THE APPLICABLE 31 SUPERVISORY DISTRICT SHALL BE IN FULL FORCE AND EFFECT WITH RESPECT TO 32 THE PARTICIPATING SCHOOL DISTRICT, AS SET FORTH IN THIS SECTION. 33 12. (A) EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION, THIS SECTION 34 DOES NOT OTHERWISE AFFECT THE DUTY TO BARGAIN OVER TERMS AND CONDITIONS 35 OF EMPLOYMENT AS DEFINED IN THIS ARTICLE. 36 (B) NOTWITHSTANDING SECTION TWO HUNDRED FOUR OF THIS ARTICLE, OR ANY 37 OTHER LAW, RULE OR REGULATION, THE PARTICIPATING SCHOOL DISTRICTS AND 38 THEIR RESPECTIVE EMPLOYEE BARGAINING UNITS SHALL BE PROHIBITED FROM 39 BARGAINING LOCALLY, FOR MEMBERS COVERED BY THE TERMS OF THE REGIONAL 40 COLLECTIVE BARGAINING AGREEMENT, OVER ANY TERMS THAT ARE COVERED BY 41 THEIR REGIONAL COLLECTIVE BARGAINING AGREEMENT. 42 13. THE COSTS AND EXPENSES INCURRED BY BOARDS OF COOPERATIVE EDUCA- 43 TIONAL SERVICES RELATED TO SERVICES AND EXPENSES OF THE REGIONAL COLLEC- 44 TIVE BARGAINING TEAM, INCLUDING ANY UTILIZATION OF OUTSIDE PROFES- 45 SIONALS, SHALL BE PART OF THE ADMINISTRATIVE BUDGET OF THE APPLICABLE 46 BOARD OF COOPERATIVE EDUCATIONAL SERVICES, BUT NOTWITHSTANDING ANY OTHER 47 PROVISION OF LAW TO THE CONTRARY, ON AND AFTER THE EFFECTIVE DATE OF 48 THIS SECTION SUCH COST AND EXPENSES SHALL NOT BE ALLOWABLE ADMINISTRA- 49 TIVE EXPENSES FOR PURPOSES OF STATE AID PURSUANT TO SUBDIVISION FIVE OF 50 SECTION NINETEEN HUNDRED FIFTY OF THE EDUCATION LAW, AND SUCH COSTS 51 SHALL NOT BE INCLUDED IN THE ADMINISTRATIVE EXPENSES ALLOCATED TO COMPO- 52 NENT SCHOOL DISTRICTS PURSUANT TO SECTIONS NINETEEN HUNDRED FIFTY AND 53 NINETEEN HUNDRED FIFTY-ONE OF THE EDUCATION LAW. SUBJECT TO AN APPRO- 54 PRIATION FOR SUCH PURPOSE, THE ALLOWABLE COSTS OF SUCH SERVICES AND 55 EXPENSES SHALL BE DIRECTLY AND FULLY REIMBURSED BY THE STATE; PROVIDED 56 THAT IN THE EVENT THAT SUCH APPROPRIATION IS INSUFFICIENT TO REIMBURSE A. 5992 4 1 ALL ALLOWABLE COSTS, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY 2 ALLOCATE THE EXCESS OF SUCH COSTS TO PARTICIPATING SCHOOL DISTRICTS IN 3 THE SAME MANNER AS ADMINISTRATIVE COSTS ARE ALLOCATED TO COMPONENT 4 DISTRICTS UNDER THE EDUCATION LAW. 5 14. IF ANY PART OF THIS SECTION SHALL BE ADJUDGED INVALID BY ANY COURT 6 OF COMPETENT JURISDICTION, SUCH JUDGMENT SHALL NOT INVALIDATE THE 7 REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO THE PART 8 DIRECTLY INVOLVED IN THE CONTROVERSY WHEREIN SUCH JUDGMENT SHALL HAVE 9 BEEN RENDERED. 10 S 2. This act shall take effect on the first of July next succeeding 11 the date on which it shall have become a law.