What's happening
This bill limits the maximum period of certain union rights forfeiture as punishment for contempt during illegal strikes to thirty days.
Why it matters
Caps punishment for illegal strike-related contempt. The bill limits the maximum period that a union can lose certain collective bargaining rights as a penalty for contempt during an illegal strike to no more than thirty days, replacing what was previously an indefinite or court-determined period. This reduces the risk of long-term or open-ended consequences for unions.
Provides clearer standards for restoration of rights. After the penalty period, unions can apply to have their rights restored by demonstrating good faith compliance (such as successfully negotiating a contract without further violations), ensuring a path back to normal representation.
Protects union financial obligations. If a union is fined but cannot pay from its own assets, the suspension of rights is paused so the employer can collect dues to cover the unpaid fine. This ensures financial penalties are still enforceable without extending the loss of union rights.
Narrows judicial/board discretion. The bill removes the option for indefinite forfeiture and requires that any loss of rights be specifically justified and time-limited, providing greater predictability and fairness in how penalties are applied to unions during labor disputes.
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Limit Contempt Penalties to 30 Days
Plain English, a few words. Used as the page title.
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History
- Referred to judiciary
- Referred to judiciary
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.
Limit Contempt Penalties to 30 Days
In Assembly Committee · Judiciary · Sponsor N. Nick Perry
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1590
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the judiciary law and the civil service law, in relation to judicial review of punishment for certain contempt citations
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (a) of subdivision 2 of section 751 of the judiciary law, as amended by chapter 254 of the laws of 1983, is amended to read as follows:
(a) Where an employee organization, as defined in section two hundred one of the civil service law, wilfully disobeys a lawful mandate of a court of record, or wilfully offers resistance to such lawful mandate, in a case involving or growing out of a strike in violation of subdivision one of section two hundred ten of the civil service law, the punishment for each day that such contempt persists may be by a fine fixed in the discretion of the court. In the case of a government exempt from certain provisions of article fourteen of the civil service law, pursuant to section two hundred twelve of such law, the court may, as an additional punishment for such contempt, order forfeiture of the rights granted pursuant to the provisions of paragraph (b) of subdivision one, and subdivision three of section two hundred eight of such law, for such specified period of time[, as the court shall determine or, in the discretion of the court, for an indefinite period of time] not to exceed thirty days, subject to restoration upon application, with notice to all interested parties, supported by proof of good faith compliance with the requirements of subdivision one of section two hundred ten of the civil service law since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of subdivision one of section two hundred ten of the civil service law, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed pursuant to this subdivision remains
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00961-02-7
S. 1590 2
wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, such forfeiture shall be suspended to the extent necessary for the unpaid portion of such fine to be accumulated by the public employer and transmitted to the court. In fixing the amount of the fine and/or duration of the forfeiture, the court shall consider all the facts and circumstances directly related to the contempt, including, but not limited to: (i) the extent of the wilful defiance of or a resistance to the court's mandate (ii) the impact of the strike on the public health, safety, and welfare of the community and (iii) the ability of the employee organization to pay the fine imposed; and the court may consider (i) the refusal of the employee organization or the appropriate public employer, as defined in section two hundred one of the civil service law, or the representatives thereof, to submit to the mediation and fact-finding procedures provided in section two hundred nine of the civil service law and (ii) whether, if so alleged by the employee organization and when viewed in a light most favorable to such employee organization, the appropriate public employer or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for the strike. In determining the ability of the employee organization to pay the fine imposed, the court shall consider both the income and the assets of such employee organization.
§ 2. Paragraph (f) of subdivision 3 of section 210 of the civil service law, as amended by chapter 677 of the laws of 1977, is amended to read as follows:
(f) If the board determines that an employee organization has violated the provisions of subdivision one of this section, the board shall order forfeiture of the rights granted pursuant to the provisions of paragraph (b) of subdivision one, and subdivision three of section two hundred eight of this chapter, for such specified period of time [as the board shall determine, or, in the discretion of the board, for an indefinite period of time] not to exceed thirty days subject to restoration upon application, with notice to all interested parties, supported by proof of good faith compliance with the requirements of subdivision one of this section since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of subdivision one of this section, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed on an employee organization pursuant to subdivision two of section seven hundred fifty-one of the judiciary law remains wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, the board shall direct that, notwithstanding such forfeiture, such membership dues deduction shall be continued to the extent necessary to pay such fine and such public employer shall transmit such moneys to the court. In fixing the duration of the forfeiture, the board shall consider all the relevant facts and circumstances, including but not limited to: (i) the extent of any wilful defiance of subdivision one of this section (ii) the impact of the strike on the public health, safety, and welfare of the community and (iii) the financial resources of the employee organization; and the board may consider (i) the refusal of the employee organization or the appropriate public employer or the representative thereof, to submit to the mediation and fact-finding procedures provided in section two hundred nine of this article and (ii) whether, if so alleged by the employee organization and when viewed in a light most favorable to such employee organization, the appropriate public employer or its representatives engaged in such acts
S. 1590 3
of extreme provocation as to detract from the responsibility of the employee organization for the strike. In determining the financial resources of the employee organization, the board shall consider both the income and the assets of such employee organization. In the event membership dues are collected by the public employer as provided in paragraph (b) of subdivision one of section two hundred eight of this [chapter] article, the books and records of such public employer shall be prima facie evidence of the amount so collected.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 to 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
2015-16: S.1156 2013-14: S.7773/A.4489 (Perry)
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.