Bill Text: NY S04357 | 2009-2010 | General Assembly | Introduced

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Bill Title: Grants the right to strike by public employees after the exhaustion of collective bargaining negotiations.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S04357 Detail]

Download: New_York-2009-S04357-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4357
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 22, 2009
                                      ___________
       Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Civil Service and Pensions
       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
   18  PROVIDED FOR IN THIS ARTICLE and providing remedies  for  violations  of
   19  such prohibition.
   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.
                                                                  LBD07306-01-9
       S. 4357                             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.