Bill Text: NY A07601 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to membership dues in an employee organization and signed authorizations for deduction.
Spectrum: Strong Partisan Bill (Democrat 52-4)
Status: (Engrossed - Dead) 2018-01-03 - ordered to third reading cal.532 [A07601 Detail]
Download: New_York-2017-A07601-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7601--A Cal. No. 560 2017-2018 Regular Sessions IN ASSEMBLY May 3, 2017 ___________ Introduced by M. of A. ABBATE, DE LA ROSA, VANEL, FAHY, HYNDMAN, WALKER, COLTON, LUPINACCI, JEAN-PIERRE, WOERNER, BARRON, ARROYO, SEPULVEDA, DICKENS, STECK, MOSLEY, WALLACE, HARRIS, RICHARDSON, ORTIZ, CYMBROW- ITZ, MAYER, SKOUFIS, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, HOOPER, LENTOL, THIELE -- read once and referred to the Committee on Governmental Employees -- advanced to a third reading, passed by Assembly and delivered to the Senate, recalled from the Senate, vote reconsidered, bill amended, ordered reprinted, retaining its place on the order of third reading AN ACT to amend the civil service law, in relation to membership dues in an employee organization and signed authorizations for deduction 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 2 159-d to read as follows: 3 § 159-d. Membership dues; signed authorization. 1. (a) A public 4 employer shall commence making deductions of membership dues in an 5 employee organization pursuant to a public employee's signed authori- 6 zation as soon as practicable but in no case later than thirty days 7 after receiving proof of a signed authorization. 8 (b) Any membership dues in an employee organization deducted from the 9 salary of a public employee shall be transmitted to the employee organ- 10 ization as soon as practicable but in no case later than thirty days 11 after the salary from which it is deducted is paid to the employee. 12 2. Within thirty days of a public employee first being paid after 13 being employed or reemployed by a public employer, or within thirty days 14 of being promoted or transferred to a new bargaining unit, the public 15 employer shall: 16 (a) notify the employee organization, if any, that represents that 17 bargaining unit of the employee's name, job title, work location, work 18 telephone number and hours of work; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11206-07-7A. 7601--A 2 1 (b) allow a duly appointed representative of the employee organization 2 that represents that bargaining unit to meet with that employee during 3 work time, unless otherwise specified within an agreement bargained 4 collectively under article fourteen of the civil service law. 5 3. (a) Notwithstanding any other provision of law to the contrary, the 6 period of time that an authorization to deduct from the salary of a 7 public employee an amount for the payment of membership dues in an 8 employee organization shall remain in effect shall be the shorter of (i) 9 that set forth in the signed authorization, or (ii) as may be later 10 determined by a court of competent jurisdiction to be constitutionally 11 required or required by law. 12 (b) Notwithstanding any other provision of law to the contrary, the 13 period of time that a public employee shall have to withdraw a signed 14 authorization to deduct from his or her salary an amount for the payment 15 of membership dues in an employee organization prior to it being renewed 16 shall be the longer of (i) that set forth in the signed authorization, 17 or (ii) as may be later finally determined by a court of competent 18 jurisdiction to be constitutionally required or required by law. 19 4. A public employer shall accept a signed authorization to deduct 20 from the salary of a public employee an amount for the payment of his or 21 her membership dues in an employee organization in any format permitted 22 by article three of the state technology law. 23 5. Notwithstanding any other provision of law to the contrary, except 24 as provided in subdivision three of this section, any signed authori- 25 zation to deduct from the salary of a public employee an amount for the 26 payment of membership dues in an employee organization may be withdrawn 27 by such employee only in accordance with the terms of the signed author- 28 ization. 29 6. Notwithstanding any provision of article fourteen of this chapter 30 to the contrary, except as provided in subdivision three of this 31 section, as used in this section, the terms "public employee" and 32 "public employer" shall have the same meaning as set forth in section 33 two hundred one of this chapter, and the term "employee organization" 34 shall mean any employee organization, as that term is defined in section 35 two hundred one of this chapter, that has been certified or recognized 36 pursuant to article fourteen of this chapter or other applicable law as 37 the exclusive bargaining representative of public employees. Nothing in 38 this section shall be construed to make the comptroller of the state of 39 New York the public employer of any public employees except as set forth 40 in section two hundred one of this chapter. 41 7. (a) If any clause, sentence, paragraph, or subdivision of this 42 section shall be adjudged by a court of competent jurisdiction to be 43 unconstitutional or otherwise invalid, such judgment shall not affect, 44 impair or invalidate the remainder thereof, but shall be confined in its 45 operation to the clause, sentence, paragraph, or subdivision of this 46 section directly involved in the controversy in which such judgment 47 shall have been rendered. 48 (b) If any clause, sentence, paragraph, or part of a signed authori- 49 zation shall be adjudged by a court of competent jurisdiction to be 50 unconstitutional or otherwise invalid, such determination shall not 51 affect, impair or invalidate the remainder of such signed authorization 52 but shall be confined in its operation to the clause, sentence, para- 53 graph, or part of the signed authorization directly involved in the 54 controversy in which such judgment shall have been rendered. 55 § 2. This act shall take effect immediately.