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Sponsors
2 Co-sponsors
History
- Referred to civil service and pensions
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.378
- Reported and committed to finance
- Referred to civil service and pensions
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Relates to enhancing the collective bargaining obligations of public employers and adjusting penalties for striking of public employees
In Assembly Committee · Codes · Sponsor Adriano Espaillat
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the civil service law, in relation to enhancing the collective bargaining obligations of public employers and adjusting penalties for striking of public employees
Purpose
Article 14 of the Civil Service Law - the Public Employees Fair Employment Act (Taylor Law) prohibits strikes by public employees and provides for penalties in the case of illegal strikes. Oversight of the Taylor Law is handled by the Public Employment Relations Board (PERB).
Summary of provisions
§ 1 - amends subdivision 4 of section 209-a of the civil service law (injunctive relief) - providing for injunctive relief if there is reasonable cause to believe that a public employer or employee organization in demanding bargaining of a non-mandatory subject is likely to lead to a strike.
§ 2 amends section 210 of the civil service law (prohibition of strikes).
* requiring PERB to consider certain several criterion when assessing a timeframe for the forfeiture of automatic dues deduction.
* if a strike if found to be the result of extreme provocation of the public employer, the employer will be required to pay an amount up to fifty percent of the loss of dues to the employee organization. The amount to be determined by PERB.
Existing law
Injunctive relief under the Taylor Law (CSL 209-a) may be granted if there is reasonable cause to believe an improper practice has occurred and it appears that immediate and irreparable injury, loss or damage will result if relief is not granted.
Under the strike prohibition penalty (CSL § 210) may, not must, consider a set a criterion when setting a timeframe for loss of automatic dues deduction. Additionally, there is no provision for penalties against public employers who engage in extreme provocation to cause a strike by public employees.
Justification
The Taylor law protects the public against the disruption of vital services by making it illegal for public employees to strike, while protecting the rights of public employees.
Strikes by public employees carry serious penalties for both the employee and the employee organizations.
Public employers, who through, extreme provocation cause a strike of public employees, face no penalties. This legislation would level the playing field by: * allowing for injunctive relief if a public employer actions lead to a strike through contract demands that are non-mandatory subjects of collective bargaining, and; * allowing for the possible recouping of up to 50% of loss of dues to the employee organization, if it is determined a strike was caused by the extreme provocation of a public employer.
Legislative history
2006 Session: A.11227/S.7880 - First introduction, no significant action 2007 Session: A.5050 - No significant action 2008 Session: A.5050 - No significant action
Fiscal implications
None.
Local fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.