Bill Text: NY S02394 | 2023-2024 | General Assembly | Amended

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Bill Title: Provides notification of employment or promotion of applicable employees to organizations of state employees designated managerial or confidential for purposes of employee representation in determining the terms and conditions of employment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-06-03 - SUBSTITUTED BY A3767B [S02394 Detail]

Download: New_York-2023-S02394-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2394--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 20, 2023
                                       ___________

        Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
          accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  committee  discharged,  bill  amended,  ordered  reprinted as
          amended and recommitted to said committee

        AN ACT to amend the civil service law, in relation to employee represen-
          tation of state employees designated managerial or confidential

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 208 of the civil service law is amended by adding a
     2  new subdivision 4-a to read as follows:
     3    4-a.  (a) Within thirty days of a public employee who is designated as
     4  managerial or confidential pursuant to subdivision seven of section  two
     5  hundred  one  of  this  article  first being employed or reemployed by a
     6  public employer, or within thirty days of being promoted or  transferred
     7  within  the  existing  employing  agency  or a new employing agency, the
     8  public employer shall notify an organization that advocates for  manage-
     9  rial  or confidential employees, as such employees are designated pursu-
    10  ant to subdivision seven of section two hundred one of this article,  of
    11  such  employee's  name, address, job title, employing agency, department
    12  or other operating unit, and work location; and
    13    (b) Within thirty days of providing notice in paragraph  (a)  of  this
    14  subdivision,  a  public  employer shall allow a duly appointed represen-
    15  tative of the organization that advocates for managerial or confidential
    16  employees, as such employees  are  designated  pursuant  to  subdivision
    17  seven  of  section  two  hundred  one of this article, to meet with such
    18  employee for a reasonable amount of time  during  such  employee's  work
    19  time  without charge to leave credits, unless otherwise specified within
    20  an existing agreement, policy or procedure currently existing for public

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06697-05-4
        S. 2394--B                          2

     1  employees who  are  designated  managerial  or  confidential,  provided,
     2  however,  that  the  arrangements  for such meeting must be scheduled in
     3  consultation with a designated representative of  the  public  employer;
     4  and
     5    (c) Upon the request of the organization that advocates for managerial
     6  or  confidential employees, as such employees are designated pursuant to
     7  subdivision seven of section two hundred one of this article, and if the
     8  public employer conducts new employee orientations, the public  employer
     9  shall provide an organization that advocates for managerial or confiden-
    10  tial employees, as such employees are designated pursuant to subdivision
    11  seven  of  section  two hundred one of this article, mandatory access to
    12  such new employee orientations. Such organization shall receive not less
    13  than ten days' notice in advance of an orientation, except that a short-
    14  er notice may be provided in a  specific  instance  where  there  is  an
    15  urgent  need  critical to the employer's operations that was not reason-
    16  ably foreseeable to provide such notice. The structure, time, and manner
    17  of exclusive representative access shall be  determined  through  mutual
    18  agreement between such organization and the employer.
    19    § 2. This act shall take effect immediately.