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S8973Senate2017-2018 SessionSame asA11223

Protect Labor Class Workers

Official title

“Relates to disciplinary action against persons employed in the labor class”

Sponsor Martin J. GoldenSD-22+1 co-sponsorAffects Finance
Status
Signed by Governor
Impact
5/10
Moderate
Outcome
Signed into law

Bill progress

Signed into law

What's happening

This bill gives labor class employees with five years of continuous service the same job protection as non-competitive class employees.

Why it matters

  1. Expands job security. By giving labor class employees with five years of continuous service the same protections as non-competitive class employees, the bill reduces the risk of arbitrary firing and disciplinary actions, making these jobs more stable.

  2. Reduces management discretion. Agencies and supervisors would now need to show "incompetency or misconduct" before removing or disciplining eligible labor class workers, which means less managerial flexibility in workforce decisions and potentially more formal disciplinary processes.

  3. Impacts a wide range of public workers. The labor class often includes blue-collar and manual labor positions in state and municipal government; these workers, who may have previously lacked strong job protections, will now have due process rights similar to other civil service employees, potentially improving morale and retention.

  4. Applies retroactively. The protections apply to any qualifying employee as of the bill’s effective date, not just new hires, meaning current long-serving labor class employees immediately benefit from these changes.

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Who cares

Headline styles

Protect Labor Class Workers

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

Sponsors

Primary sponsor
Martin J. Golden

Senator · Senate District 22

Chair, Civil Service And Pensions

1 Co-sponsor

History

  1. Signed chap.271
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.398
  6. Substituted for A11223
  7. Referred to governmental employees
  8. Delivered to assembly
  9. Passed senateVote 62–0
  10. Ordered to third reading cal.1897
  11. Referred to rules

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.

A11223Assembly

Protect Labor Class Workers

Assembly Floor Calendar · Sponsor Peter Abbate

Impact 5 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8973

IN SENATE

June 8, 2018

Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the civil service law, in relation to providing that certain persons holding a position in the labor class shall not be removed or otherwise subjected to any disciplinary penalty except for incompetency or misconduct

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

Section 1. Paragraph (c) of subdivision 1 of section 75 of the civil service law, as amended by chapter 439 of the laws of 1986, is amended to read as follows:

(c) an employee holding a position in the non-competitive or labor class other than a position designated in the rules of the state or municipal civil service commission as confidential or requiring the performance of functions influencing policy, who since his or her last entry into service has completed at least five years of continuous service in the non-competitive or labor class in a position or positions not so designated in the rules as confidential or requiring the performance of functions influencing policy, or

§ 2. This act shall take effect immediately and shall apply to any employee who has completed at least five years of continuous service in the non-competitive or labor class on or after such effective date.

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

[ ] is old law to be omitted.

LBD16256-01-8

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 providing that certain persons holding a position in the labor class shall not be removed or otherwise subjected to any disciplinary penalty except for incompetency or misconduct

Purpose or general idea of bill

The bill provides that a labor class employee shall not be removed or subjected to disciplinary action except for incompetency or misconduct shown after hearing on charges.

Summary of specific provisions

Section 1 of this bill adds labor class to section 75 of the civil service law.

Section 2 of this bill states that this act shall take effect immediate- ly.

Justification

Currently labor class employees may be subject to removal or discipli- nary action before a hearing of the charges. By adding them to section 75 they will receive the same rights as employees in the noncompetitive class.

Prior legislative history

New bill.

Fiscal implications

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.