Bill Text: NY A07601 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7601
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                       May 3, 2017
                                       ___________
        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 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  being  employed  or  reem-
    13  ployed  by  a public employer, or being promoted or transferred to a new
    14  bargaining unit, the public employer  shall:  (a)  notify  the  employee
    15  organization,  if  any,  that  represents  that  bargaining  unit of the
    16  employee's name, job title, work location,  work  telephone  number  and
    17  hours  of  work;  and  (b)  allow a duly appointed representative of the
    18  employee organization that represents that bargaining unit to meet  with
    19  that employee during work time for a maximum of one hour.
    20    3. (a) Notwithstanding subdivision five of this section, the period of
    21  time that an authorization to deduct from the salary of a public employ-
    22  ee an amount for the payment of membership dues in an employee organiza-
    23  tion  shall  remain in effect shall be the shorter of (i) that set forth
    24  in the signed authorization, or (ii) as may be  later  determined  by  a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11206-03-7
        A. 7601                             2
     1  court  of  competent  jurisdiction  to  be  constitutionally required or
     2  required by law.
     3    (b)  Notwithstanding  subdivision  five of this section, the period of
     4  time that a public employee shall have to  withdraw  a  signed  authori-
     5  zation  to  deduct  from  his or her salary an amount for the payment of
     6  membership dues in an employee organization prior to  it  being  renewed
     7  shall  be  the longer of (i) that set forth in the signed authorization,
     8  or (ii) as may be later finally  determined  by  a  court  of  competent
     9  jurisdiction to be constitutionally required or required by law.
    10    4.  A  public  employer  shall accept a signed authorization to deduct
    11  from the salary of a public employee an amount for the payment of his or
    12  her membership dues in an employee organization in any format  permitted
    13  by article three of the state technology law.
    14    5.  Notwithstanding  any  other  provision of law to the contrary, any
    15  signed authorization to deduct from the salary of a public  employee  an
    16  amount  for  the  payment of membership dues in an employee organization
    17  may be withdrawn by such employee only in accordance with the  terms  of
    18  the signed authorization.
    19    6.   Notwithstanding any provision of article fourteen of this chapter
    20  to the contrary, as used in this section, the  terms  "public  employee"
    21  and  "public  employer"  shall  have  the  same  meaning as set forth in
    22  section two hundred one of this chapter, and the term  "employee  organ-
    23  ization"  shall  mean any employee organization, as that term is defined
    24  in section two hundred one of this chapter, that has been  certified  or
    25  recognized  pursuant to article fourteen of this chapter or other appli-
    26  cable law as the exclusive bargaining representative of  public  employ-
    27  ees.
    28    7.  (a)  If  any  clause,  sentence, paragraph, or subdivision of this
    29  section shall be adjudged by a court of  competent  jurisdiction  to  be
    30  unconstitutional  or  otherwise invalid, such judgment shall not affect,
    31  impair or invalidate the remainder thereof, but shall be confined in its
    32  operation to the clause, sentence, paragraph,  or  subdivision  of  this
    33  section  directly  involved  in  the  controversy in which such judgment
    34  shall have been rendered.
    35    (b) If any clause, sentence, paragraph, or part of a  signed  authori-
    36  zation  shall  be  adjudged  by  a court of competent jurisdiction to be
    37  unconstitutional or otherwise  invalid,  such  determination  shall  not
    38  affect,  impair or invalidate the remainder of such signed authorization
    39  but shall be confined in its operation to the  clause,  sentence,  para-
    40  graph,  or  part  of  the  signed authorization directly involved in the
    41  controversy in which such judgment shall have been rendered.
    42    § 2. This act shall take effect immediately.