Provides arbitration procedure for violation of fair employment act

BILL NUMBER:A9982

Title of bill

An act to amend the civil service law, in relation to arbitration procedures for violation of the fair employment act

Purpose or general idea of bill

This bill intends to provide a more equitable means of determining whether or not a public employee or public employee organization has violated the no-strike provision of the Taylor Law.

Summary of specific provisions

The bill would:

- provide a process of binding arbitration of employees' objections to the mandatory imposition of the 2 for 1 penalty where the employee has been deemed to have violated such provisions;

- defer the imposition of the penalty until after binding arbitration; and,

- allow the arbitrator to consider mitigating circumstances which may have provoked the alleged strike.

Justification

Under present law, when a public employee or public employee organization has been deemed to have violated the no-strike clause of the Taylor Law, the 2 for 1 penalty must immediately be imposed regardless of the circumstances surrounding the alleged violation. This bill would provide for an impartial review of that decision to ensure the due process rights of the employee. While the prohibition of public strikes continues, this bill provides a fairer method of imposing the resultant penalties. Under the provisions of the bill, an employee or the employee organization may object to the finding that the employee has violated the no-strike clause because the employer engaged in acts which provoked the strike. This objection would be subject to review by an arbitrator, chosen by both employee and employer from a list according to rules of AAA. The cost of the arbitration would be borne equally by both employee organization and employer.,

The arbitrator would decide that either:

-the employer failed to prove that the employee violated the no-strike provision; or,

-the employee violated the no-strike provision and that the strike was unprovoked and impose the 2 for 1 penalty; or,

-the employee violated the no-strike provision and that such action was provoked by the employer and then the arbitrator may impose a Penalty of no greater than 1-1/2 nor less than 1 day's pay. The determination of the arbitrator would be reviewable pursuant to Article 75 of the Civil Practice law and Rules.

By providing these options through the proven remedy of binding arbi- tration, respect for the due process rights of those accused of having violated the no-strike provision of the Taylor Law is shown:

Prior legislative history

2007-08: A5990 - referred to governmental employees 2006: A6229 -referred to governmental employees 2005: A6229 -referred to governmental employees 2004:A5576 -referred to governmental employees 2003:A5576 -referred to governmental employees 2002:A.10355(Abbate) 2001:A.6126(Vitaliano) 1999-2000 S3180/A6635 Remained in Committee

Fiscal implications for state and local governments

None.

Effective date

This act shall take effect immediately.