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History
- Referred to judiciary
Companion bill
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Provides for a thirty day limit on additional punishment for certain contempt citations involving an employee organization and view acts of extreme provocation
In Assembly Committee · Judiciary · Sponsor N. Nick Perry
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S7773
Title of bill
An act to amend the judiciary law and the civil service law, in relation to judicial review of punishment for certain contempt citations
Purpose or general idea of bill
To provide equity for employee organizations who may be subject to penalties pursuant to the Taylor Law.
Summary of provisions
Amends § 751 (2)(a) of the judiciary law, as separately amended by chapter 503 of the laws of 1971, and as amended by chapter 254 of the laws of 1983, to (1) limit the allowable period for forfeiture of rights to membership dues deduction to 30 days and (2) when considering the amount of fine and or duration of forfeiture to impose, the court shall also consider any acts of extreme provocation by the employer or its representatives in the light most favorable to the employee organization.
Amends § 210 (3)(f) of the civil service law, as amended by chapter 677 of the laws of 1977, and § 210 (2)(f) of the civil service law, as amended by chapter 503 of the laws of 1971, to (1) limit the allowable period for forfeiture of rights to membership dues deduction to 30 days and (2) when considering the amount of fine and or duration of forfeiture to impose, the court shall also consider any acts of extreme provocation by the employer or its representatives in the light most favorable to the employee organization.
Justification
Although the Fair Employee Act ("Taylor Law") requires both public employee organizations and employers to negotiate in good faith, the Act lacks equitable and meaningful mechanisms for enforcement. The Taylor Law imposes harsh restrictions, sanctions and penalties on employee organizations, often resulting in the loss of millions of dollars used to sustain the organization and rightfully derived from membership dues. In contrast, sanctions against employers, who fact finding bodies determine have acted in bad faith, are merely ordered to cease and desist their conduct of bad faith with no monetary penalty. It is clear the Taylor Law is in need of reform and this legislation will provide a balance in the application of the law to employee organizations by limiting the amount of time for forfeiture of membership dues t 30 days and requiring a judge to view all the facts indicating extreme provocation by the employer in the light most favorable to the employee organization.
Prior legislative history
2011-2012 A.3046 2009-2010 A.3544 2008-2010 A.3544 2006-2008 A.5663 2005-2006 A.12067
Fiscal implications for state and local governments
None to the state.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.