Clarifies that the prohibition against strike activity and imposition of penalties for violations thereof are exclusively labor relations matters for PERB

BILL NUMBER:A10019

Title of bill

An act to amend the civil service law, in relation to exclusivity of relief for strike violations

Purpose or general idea of bill

Clarifies that the prohibition against strike activity and the imposition of penalties for violations thereof are exclusively labor relations matters for PERB.

Summary of specific provisions

This bill adds a new Section 211-a to the Civil Service Law (Taylor Law) to provide that the provisions of Sections 201 and 211 shall provide the sole and exclusive remedies for any violations of Section 201.1.

Justification

The current provisions of the Taylor Law (Section 200 et seq. Civil Service Law) establish three separate sets of penalties and procedure for imposition of those penalties for violations of the stat- ute's prohibition against engaging in, causing, instigating, encouraging or condoning a strike. (CSL §210.1). The three sets of penalties are:

*the issuance of injunctive relief against prohibited conduct (with attendant contempt penalties,. including fines and imprisonment, for violations of injunctive relief orders);

*loss of two days' pay for any day (or part thereof) during which any activity deemed to be a strike takes place; and,

*loss to the employee organization representing striking employees of dues check-off (payment of dues and agency fees via payroll deduction) for a designated period of time.

The procedures for the imposition of all these penalties are exclusively the responsibility of either the employer of the striking organization of the NYS Public Employee Relations Board (PERB).

The foregoing penalties have proven to be highly effective in inhibiting and all but eliminating strikes in the public sector in New York. Howev- er, in recent years, efforts have been made by third parties (entities not connected to the employer or the employee) to interject themselves into the labor relations between the parties. They have done so by filing lawsuits seeking injunctive relief and punitive and compensatory damages against employee organizations and employees who threaten to engage in strike activity against a different employer. In one instance, a third party requested, and obtained, an injunction which included a schedule of fines for violations

By any individual of the injunction in the amount of $25,000 for the first day, and doubling each day thereafter (i.e., $25,000, $50,000, $100,000 and so on for each day of striking or any conduct which might encourage striking). The penalty imposed by the injunction against any employee organization was $50,000 for the first day of any violation, and doubling each day thereafter.

These draconian penalties, sought and obtained by parties not connected to the labor relationship between the employer and employees subject to the Taylor Law, far exceed the scope of the procedures and penalties provided and permitted by the current statute.

This amendment would make clear what the framers of the Taylor Law intended: that the prohibition against strike activity and the imposi- tion of penalties for violations of the prohibition are properly and exclusively labor relations matters to be addressed by the public employer of the employees involved and by PERB not by outsiders to the process.

Effective date

Immediately