Relates to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles; repealer

Summary of provisions

This bill amends subdivision 1, 1-a, 1-b, 1-c, 2, 6, 7, and 9 of Section 3D; repeals Section 80-a; amends Subdivision 1 of Section 81; amends Subdivision 1, and 5 of Section 81-a; amends Subdivision 1 of Section 81-b and amends subdivision 7 of Section 35 of the Civil Service Law.

Existing law

Section 80 currently provides reduction in force provisions for permanent employees occupying competitive jurisdictional class positions.

Section 80-a provides reduction in force protection for State Executive Branch employees who are appointed permanently in positions designated in the Non-Competitive Jurisdictional Classification. These provisions do not currently apply to local government employees.

Currently there is no provision in the New York State Civil Service Law that covers employees who are permanently appointed to positions designated by the Local Government Classified Civil Service Rules as in the Labor Jurisdictional Classification.

Sections 81, 81-a, and 81-b currently provide preferred list, certification and reinstatement provisions for employees who were displaced from State or local government competitive class positions and State executive branch employees who were displaced from Non-Competitive Class positions.

Section 85 currently provides preference in retention during State and local government reductions in force. This section also provides preference in retention for certain employees who are permanently appointed to noncompetitive class positions in the State's Executive Branch only. Impact on State and Local Government Civil Service Rules and Regulations:

This bill will require the State and Local civil Service administrations to adopt new or revise current provisions of their Rules for the Classified Service regarding reduction in force procedures.

The State Executive Branch and many but not all local government employers already provide at least some reduction in force and or recall procedures and protections to employees in the Non-Competitive and Labor Jurisdictional Classification. This protection is typically provided via collective bargaining agreements, which currently exist between certain local government employers and employees represented by labor unions.

Justification

The New York State Constitution (Article V Section 6) provides for the filling of State and Local Government positions via merit and fitness to be ascertained as far as practicable by competitive examination. Positions included in this group are classified in the Competitive Jurisdictional Classification, (Section 44 NYS Civil Service Law).

State and Local government Civil Service Administrations are also permitted to designate certain positions in the Non-Competitive (Section 42) and Labor (Section 43) jurisdictional classifications if the positions meet certain classification qualifications.

In the event of the need to reduce positions in the State Executive Branch or Local Governments the Section 80 of the New York State Civil Service Law provides a system of reduction in force that affects permanently appointed employees occupying positions in the competitive class. Also Section 80-a of the Civil Service Law provides reduction in force provisions for permanently appointed employees occupying Non-Competitive Class positions in the State Executive Branch only.

There is no statutory provision that provides this protection to employees in the Labor Class.

Sections 81, 81-a, and 81-b of the Civil Service Law provides a method of recall via various preferred hiring lists containing the names of those employees who have been displaced from their permanent positions. These recall lists also apply to non-competitive class employees displaced from State Executive Branch positions only.

Section 85 provides permanently appointed in the competitive class and certain non-competitive class positions in the State Executive Branch only.

Employees who are appointed permanently to public sector positions dedicate themselves to public service and as such deserve to be treated with dignity and respect in the unfortunate event of a reduction in force.

Reduction in Force provisions that cover public sector positions should not be restricted to the Competitive Class or the Non-Competitive class in only the State's Executive Branch. These protections should be extended to cover all employees who are appointed permanently to a position in the Competitive, Non-Competitive or Labor Jurisdictional Classifications.

When the State and or Local Governments decide to fill vacancies after a reduction in force has occurred, permanent employees who were displaced

via the reduction in force should be given preference in filling these vacancies before any other eligible list (in the case of the Competitive Class) eligible or other non-competitive class candidates are appointed.

This bill sets up the current reduction in force and recall procedure for non-competitive and labor class employees who work for the State Executive Branch or a local government employer.

The application of these protections to Non-Competitive and Labor class employees in State and Local governments are long overdue.

There are no logical reasons to continue this inequity. The passage and implementation of this bill will provide New York State and Local Governments with a uniform and orderly approach to reducing the workforce and in the rehiring methods used by using length of service as a determining factor.

Employees who have longer permanent service with their employer should have greater retention rights than those employees who are subsequently hired to positions in the same title. Length of permanent service should be recognized in rimes of reductions in force and the rehiring.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

This act shall take effect immediately.