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History
- Reported referred to codes
- Referred to governmental employees
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Sponsor's memo
BILL NUMBER:A9984
Title of bill
An act to amend the civil service law, in relation to improper employer practices
Purpose or general idea of bill
This bill intends to provide a mechanism to remedy labor impasses.
Summary of specific provisions
This bill states that if an employer has been found by PERB to have engaged in an improper employer practice of refusing to negotiate in good faith, then the last offer of the duly recognized or certified representative of its public employees shall become the agreement between the employer and such employee bargaining unit until changed or modified by mutual agreement of the parties.
Justification
The Taylor Law enumerates certain practices of employers as improper which includes the refusal to negotiate in good faith with the represen- tatives of its public employees. Currently, the law has no penalties or "teeth" to encourage employers to negotiate in good faith. Adding a provision that when an employer is found guilty of refusing to negotiate in good faith, then the last offer made by the employees' representative shall become the agreement between the employer and such employees.
Public employees are punished for striking when provoked by improper employer practices. Currently, there are no penalties for the employers who provoke strikes. In fact, employers are rewarded for refusing to negotiate and provoking strikes by collecting a "two for one" penalty. The time has come to place equity in the law. Imposing the last employee offer will serve as an encouragement to negotiate in good faith. Enact- ment of this legislation encourages both parties to arrive at a mutually accepted agreement.
Prior legislative history
1999-1998 S3795/A7591 Remained in Committee 1999-2000 S2748/A5841 Remained in Committee 2001: A.6129 (Vitaliano) 2002: A.10325 (Abbate) 2003: A.5574 - referred to governmental employees 2004: A.5574 - referred to governmental employees 2005: A.6223 - referred to governmental employees 2006: A.6223 - vetoed by Governor (VM 364) 2007-08: - referred to governmental employees
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.