What's happening
This bill extends layoff and demotion protections to noncompetitive and labor class public employees, aligning them with competitive class protections.
Why it matters
Expansion of Job Security. By extending layoff and demotion protections to noncompetitive and labor class public employees, this bill provides thousands of additional public workers with the same job security currently enjoyed by those in the competitive class. This can help prevent arbitrary or unfair job losses among some of the most vulnerable public sector workers.
Standardization Across Jurisdictions. The bill standardizes the process for layoffs and demotions regardless of the employee's civil service class, ensuring that decisions are based on seniority and probationary status rather than the job's classification. This creates a more transparent and equitable system across state and local agencies.
Impact on Workforce Morale and Retention. By offering these expanded protections, the bill may improve morale and retention among noncompetitive and labor class employees, who may have previously felt less valued or more insecure about their positions during times of budget cuts or restructuring.
Preservation of Collective Bargaining Rights. The legislation explicitly states that it does not override or reduce any layoff or demotion protections already provided in collective bargaining agreements, ensuring that union-negotiated rights are preserved and that the bill acts as a floor—not a ceiling—for worker protections.
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Who cares
Headline styles
Protect Noncompetitive Worker Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- 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.
Layoff Rules for Public Workers
In Assembly Committee · Governmental Operations · Sponsor Peter Abbate
Full text
10 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7604
IN SENATE
January 29, 2020
Introduced by Sen. GOUNARDES -- 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, the public authorities law and the military law, in relation to suspension or demotion upon the abolition or reduction of positions for labor class and noncompetitive titles; and to repeal section 80-a of the civil service law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 1-a, 1-b, 1-c, 1-d, 2, 4, 5, 6, 7, subparagraph 1 of paragraph (b) of subdivision 7-a and subdivision 9 of section 80 of the civil service law, subdivision 1 as amended by chapter 283 of the laws of 1972, subdivision 1-a as added by chapter 312 of the laws of 1976, subdivision 1-b as added by chapter 653 of the laws of 1978, subdivision 1-c as added by chapter 334 of the laws of 1994, subdivision 1-d as added by chapter 731 of the laws of 2004, subdivision 2 as amended by chapter 376 of the laws of 1977, subdivision 4 as added by chapter 790 of the laws of 1958, subdivision 5 as amended and subdivisions 6 and 7 as added by chapter 283 of the laws of 1972, subdivisions 4, 5, 6 and 7 as renumbered by chapter 360 of the laws of 1985, subparagraph 1 of paragraph (b) of subdivision 7-a as added by chapter 528 of the laws of 2001 and subdivision 9 as added by chapter 470 of the laws of 1988, are amended to read as follows:
1. Suspension or demotion. Where, because of economy, consolidation or abolition of functions, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions in the same jurisdictional class shall be made in the inverse order of original appointment on a permanent basis in the classified service in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter; provided, however, that the date of original appointment of any such incumbent who was trans-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10954-02-0
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ferred to such governmental jurisdiction from another governmental jurisdiction upon the transfer of functions shall be the date of original appointment on a permanent basis in the classified service in the service of the governmental jurisdiction from which such transfer was made. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of positions in the competitive, noncompetitive or labor class, incumbents holding the same or similar positions in the same jurisdictional class who have not completed their probationary service shall be suspended or demoted, as the case may be, before any permanent incumbents, and among such probationary employees the order of suspension or demotion shall be determined as if such employees were permanent incumbents.
1-a. Notwithstanding the provisions of subdivision one of this section, the members of a police or paid fire department in the city of Buffalo shall be subject to the following procedure. Where, because of economy, consolidation or abolition of functions, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions in the same jurisdictional class shall be made in the inverse order of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of positions in the competitive class, incumbents holding the same or similar positions who have not completed their probationary service shall be suspended or demoted, as the case may be, before any permanent incumbents, and among such probationary employees the order of suspension or demotion shall be determined as if such employees were permanent incumbents.
1-b. Notwithstanding the provisions of subdivision one of this section, employees of secure detention facilities in the city of New York and of the alternatives to secure detention facilities program in such city who are performing functions which were assumed by the department of social services of the city of New York on the tenth day of November, nineteen hundred seventy-one and who, upon such assumption were transferred to said department, shall be subject to the following procedure. Where, because of economy, consolidation or abolition of function, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are abolished, or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions in the same jurisdictional class shall be made in the inverse order of original appointment on a permanent basis in the classified service in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter; provided, however, that if any person so employed and so transferred was employed on a permanent basis in such a facility or such program prior to the thirtieth day of December, nineteen hundred sixty-seven, for purposes of this subdivision regarding priority of retention and for no other purpose, the date of original appointment of any such person shall be deemed to be the date such permanent employment commenced prior to the said thirtieth day of December, nineteen hundred sixty-seven.
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1-c. Notwithstanding the provisions of subdivision one of this section, sworn employees of the Monroe county sheriff's department shall be subject to the following procedure. Where, because of economy, consolidation or abolition of function, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are abolished, or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions in the same jurisdictional class shall be made in the inverse order of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter; provided, however, that if any person so employed was employed in such person's current title prior to the first day of April, nineteen hundred ninetythree, for purposes of this subdivision regarding priority of retention and for no other purpose, the date of original appointment of any such person shall be deemed to be the date such employment commenced prior to the said first day of April, nineteen hundred ninety-three.
1-d. Notwithstanding the provisions of subdivision one of this section, the sworn members of the police force of the county of Nassau shall be subject to the following procedure. Where, because of economy, consolidation or abolition of functions, curtailment of activities or otherwise, positions in the competitive, noncompetitive or labor class are abolished or reduced in rank or salary grade, suspension or demotion, as the case may be, among incumbents holding the same or similar positions in the same jurisdictional class shall be made in the inverse order of original appointment on a permanent basis in the grade or title in the service of the governmental jurisdiction in which such abolition or reduction of positions occurs, subject to the provisions of subdivision seven of section eighty-five of this chapter. Notwithstanding the provisions of this subdivision, however, upon the abolition or reduction of positions, those employees who have not completed their probationary service shall be suspended or demoted, as the case may be, before any permanent incumbents, and among such probationary employees the order of suspension or demotion shall be determined as if such employees were permanent incumbents.
2. Continuous service. Except as otherwise provided herein, for the purposes of this section the original appointment of an incumbent shall mean the date of his or her first appointment on a permanent basis in the classified service followed by continuous service in the classified service on a permanent basis up to the time of the abolition or reduction of the competitive, noncompetitive or labor class positions. An employee who has resigned and who has been reinstated or reappointed in the service within one year thereafter shall, for the purposes of this section, be deemed to have continuous service. An employee who has been terminated because of a disability resulting from occupational injury or disease as defined in the [workmen's] workers' compensation law and who has been reinstated or reappointed in the service thereafter shall be deemed to have continuous service. A period of employment on a temporary or provisional basis, or in the unclassified service, immediately preceded and followed by permanent service in the classified service, shall not constitute an interruption of continuous service for the purposes of this section; nor shall a period of leave of absence without pay pursuant to law or the rules of the civil service commission having jurisdiction, or any period during which an employee is suspended
S. 7604 4
from his or her position pursuant to this section, constitute an interruption of continuous service for the purposes of this section.
4. Units for suspension or demotion in civil divisions. Upon the abolition or reduction of positions in the service of a civil division, suspension or demotion shall be made from among employees holding the same or similar positions in the same jurisdictional class in the entire department or agency within which such abolition or reduction of positions occurs. In a city having a population of one million or more, the municipal civil service commission may, by rule, designate as separate units for suspension and demotion under the provisions of this section any hospital or institution or any division of any department or agency under its jurisdiction. Upon the abolition or reduction of positions in such service, suspension or demotion, as the case may be, shall be made from among employees holding the same or similar positions in the same jurisdictional class in the department wherein such abolition or reduction occurs, except that where such abolition or reduction occurs in such hospital or institution or division of a department designated as a separate unit for suspension or demotion, suspension or demotion shall be made from among incumbents holding the same or similar positions in the same jurisdictional class in such separate unit.
5. Units for suspension or demotion in the state service. The president may, by regulation, designate as separate units for suspension or demotion under the provisions of this section any state hospital, institution or facility or any division of any state department or agency or specified hospitals, institutions and facilities of a single state department or agency within a particular geographic area as determined by the president. Upon the abolition or reduction of positions in the same jurisdictional class in the state service, suspension or demotion, as the case may be, shall be made from among employees holding the same or similar positions in the department wherein such abolition or reduction occurs, except that where such abolition or reduction occurs in a separate unit for suspension or demotion designated by regulation of the president, suspension or demotion shall be made from among incumbents holding the same or similar positions in such separate unit.
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 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 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 in the same jurisdictional class. 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 or she shall displace the incumbent with the least retention right pursuant to subdivisions one 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 or she 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, noncompetitive or labor class, (b) the layoff unit from
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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, the public authorities law and the military law, in relation to suspension or demotion upon the aboli- tion or reduction of positions for labor class and noncompetitive titles; and to repeal section 80-a of the civil service law relating thereto
Purpose
This bill intends to provide equal reduction in force and recall provisions to permanently appointed employees appointed to Competitive, Non-Competitive, and Labor Jurisdictional Classification at all levels of State and local government.
Summary of provisions
This bill amends subdivision 1, 1-a, 1-b, 1-c, 2, 6, 7, and 9 of
Read the full memo (609 words)
Section 80; 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 85 of the Civil Service Law.
Existing law
Section 80 currently provides reduction in force provisions for perma- nent 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.
Sections 81, 81-a, and 81-b currently provide preferred list, certif- ication 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 prefer- ence in retention for certain employees who are permanently appointed to noncompetitive class positions in the state's executive's branch only.
Justification
If the state or local government need to reduce positions in the state or local governments, 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. In addition, section 80-a of the Civil Service Law provides reduction in force provisions for permanently appointed employees occupying non-com- petitive class positions in the state executive branch only.There is no
statutory provision that provides this protection to employees in the labor class.
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 posi- tion in the competitive, non-competitive or labor class.
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 candidates are appointed. This bill sets up the current reduction in force and recall procedure for non-com- petitive and labor class employees who work for the state executive branch or a local government employer.
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 work- force 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 times of reductions in force and the rehiring.
Legislative history
2019: S5291 - vetoed, veto memo 222
Fiscal implications
None
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.