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S2329Senate2017-2018 SessionSame asA7760

Protect Job Rights in Layoffs

Official title

“Relates to suspension or demotion upon abolition or reduction of positions for labor class titles”

Sponsor Marisol AlcantaraSD-31+1 co-sponsorAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

What's happening

This bill allows certain labor class employees who passed promotional exams to have expanded displacement rights when positions are abolished or reduced.

Why it matters

  1. Expands job security options for labor class workers who have passed promotional exams. , allowing them to "bump" or displace other employees in similar or lower positions if their own job is eliminated—helping them avoid unemployment or demotion.

  2. Recognizes advancement efforts by labor class employees. , granting workers who took and passed promotional exams similar displacement rights as those in competitive titles, which may motivate more workers to seek advancement and skills.

  3. Aims to create more equitable treatment between competitive and labor class employees. during layoffs or position abolishment, potentially reducing disparities and grievances among different civil service employee groups.

  4. Could impact workplace dynamics and seniority-based retention. , since the change means more employees have displacement rights, possibly leading to shifts in which individuals are retained or let go during workforce reductions.

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Who cares

Headline styles

Protect Job Rights in Layoffs

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Marisol Alcantara

Senator · Senate District 31

Chair, Labor

1 Co-sponsor

History

  1. Referred to civil service and pensions
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.434
  6. 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.

A7760Assembly

Protect Laid-Off Labor Workers

Assembly Floor Calendar · Sponsor Peter Abbate

Impact 4 · Low0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

2329

2017-2018 Regular Sessions

IN SENATE

January 13, 2017

Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law, in relation to suspension or demotion upon the abolition or reduction of positions for labor class titles

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 6 of section 80 of the civil service law, as added by chapter 283 of the laws of 1972 and renumbered by chapter 360 of the laws of 1985, is amended to read as follows:

6. Displacement in civil divisions. A permanent incumbent of a position in a civil division in a specific title to which there is a direct line of promotion, or where incumbents in titles in the labor class who have taken the exam and been promoted to the position of a permanent incumbent pursuant to section fifty-two of this chapter, who is suspended or displaced pursuant to this section, together with all other such incumbents suspended or displaced at the same time, shall displace, in the inverse order of the order of suspension or demotion prescribed in subdivisions one and two of this section, incumbents serving in positions in the same lay-off unit in the next lower occupied title in direct line of promotion or in the title in the labor class in which incumbents were extended the opportunity to take the promotional examination for the position of the suspended or displaced permanent incumbent pursuant to section fifty-two of this chapter, who shall be displaced in the order of suspension or demotion prescribed in subdivisions one and two of this section; provided, however, that no incumbent shall displace any other incumbent having greater retention standing. If a permanent incumbent of a position in a civil division is suspended or displaced from a position in a title for which there are no lower level occupied positions in direct line of promotion, he shall displace the incumbent with the least retention right pursuant to subdivisions one

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07006-01-7

S. 2329 2

and two of this section who is serving in a position in the title in which the displacing incumbent last served [on a permanent basis] prior to service in one or more positions in the title from which he is suspended or displaced, if: (1) the service of the displacing incumbent while in such former title was satisfactory and (2) the position of the junior incumbent is in (a) the competitive or labor class, (b) the layoff unit from which the displacing incumbent was suspended or displaced, and (c) a lower salary grade than the position from which the displacing incumbent is suspended or displaced; provided, however, that no incumbent shall displace any other incumbent having greater retention standing. Refusal of appointment to a position afforded by this subdivision constitutes waiver of rights under this subdivision with respect to the suspension or displacement on account of which the refused appointment is afforded. The municipal civil service commission shall promulgate rules to implement this subdivision including rules which may provide adjunctive opportunities for displacement either to positions in direct line of promotion or to formerly held positions; provided, however, that no such rule shall permit an incumbent to displace any other incumbent having greater retention standing. For the purpose of acquiring preferred list rights, displacement pursuant to this subdivision is the equivalent of suspension or demotion pursuant to subdivision one of this section.

§ 2. 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 civil service law, in relation to suspension or demotion upon the abolition or reduction of positions for labor class titles

Purpose

Provides employees in labor class positions at all levels of state and local government bump and retreat rights within the workforce.

Summary of provisions

This bill amends subdivision 6 Section 80 to provide bump and retreat rights for employees in labor class positions.

Justification

This bill would provide labor class positions with the same levels of protections with regard to bump and retreat rights as the rest of the civil division within civil service. This bill would level the playing field amongst all divisions of civil service and provide equity and fairness amongst the civil service ranks.

Legislative history

2011: Passed Assembly 2012: Vetoed Memo 142

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.