S T A T E O F N E W Y O R K
________________________________________________________________________
1384
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. McENENY, PHEFFER -- Multi-Sponsored by -- M. of
A. CLARK, COOK, GLICK, GOTTFRIED, LATIMER, TOWNS -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the effect of
deductions for excluded employee organizational dues and fair share
fee deductions use for employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The civil service law is amended by adding a new article 15
2 to read as follows:
3 ARTICLE 15
4 MANAGEMENT/CONFIDENTIAL ORGANIZATIONAL ACT
5 SECTION 300. STATEMENT OF LEGISLATIVE INTENT.
6 301. DEFINITIONS.
7 302. RIGHT OF ORGANIZATION.
8 303. ELECTION OF EXCLUDED EMPLOYEE ORGANIZATION.
9 304. RIGHT OF REPRESENTATION.
10 305. RECOGNITION OF THE EXCLUDED EMPLOYEE ORGANIZATION.
11 306. MERIT SYSTEM.
12 307. RIGHTS OF THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION.
13 S 300. STATEMENT OF LEGISLATIVE INTENT. THE LEGISLATURE OF THE STATE
14 OF NEW YORK DECLARES THAT IT IS THE PUBLIC POLICY OF THE STATE AND THE
15 PURPOSE OF THIS ARTICLE TO PROMOTE THE EFFICIENT AND EFFECTIVE ADMINIS-
16 TRATION OF EMPLOYER DESIGNATED STATE PROGRAMS BY MAINTAINING HIGH MORALE
17 AND OBJECTIVE CONSIDERATION OF ISSUES RAISED BETWEEN EMPLOYEES DESIG-
18 NATED MANAGERIAL AND CONFIDENTIAL AND THE STATE. THE LEGISLATURE
19 BELIEVES THAT THE CONDUCT OF STATE BUSINESS BETWEEN MANAGERIAL AND
20 CONFIDENTIAL EMPLOYEES AND THE STATE IS BEST EFFECTUATED BY: (A) RECOG-
21 NIZING A DESIGNATED EMPLOYEE ORGANIZATION; (B) OPEN COMMUNICATION
22 BETWEEN THE STATE AS EMPLOYER AND AN OBJECTIVE EMPLOYEE ORGANIZATION
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01502-01-1
A. 1384 2
1 REPRESENTING MANAGERIAL AND CONFIDENTIAL EMPLOYEES REGARDING TERMS AND
2 CONDITIONS OF EMPLOYMENT; (C) INFORMING SUCH EMPLOYEES OF THEIR RIGHTS
3 AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH THE DESIGNATED EMPLOYEE
4 ORGANIZATION; AND (D) PROVIDING CERTAIN BENEFITS FOR SUCH EMPLOYEES
5 THROUGH THE EMPLOYEE ORGANIZATION. THE INTENT OF THE LEGISLATURE IS NOT
6 TO REVISE, CHANGE OR MODIFY IN ANY WAY EXISTING REQUIREMENTS FOR SETTL-
7 ING STATE EMPLOYEE TITLE DISPUTES BETWEEN ORGANIZATIONS WHICH REPRESENT
8 EMPLOYEES AND AN ORGANIZATION AUTHORIZED UNDER THIS ARTICLE.
9 S 301. DEFINITIONS. AS USED IN THIS ARTICLE:
10 1. THE TERM "EXCLUDED EMPLOYEES" MEANS ALL EMPLOYEES OF THE STATE OF
11 NEW YORK DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO SUBDIVISION
12 SEVEN OF SECTION TWO HUNDRED ONE OF THIS CHAPTER EXCLUDING THOSE EMPLOY-
13 EES PAID PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE OF THE EXECUTIVE
14 LAW. SUCH EMPLOYEES SHALL NOT:
15 (A) HOLD ANY OFFICE IN AN EMPLOYEE ORGANIZATION THAT ALSO REPRESENTS
16 EMPLOYEES NOT COVERED BY THIS ARTICLE;
17 (B) PARTICIPATE IN THE HANDLING OF GRIEVANCES ON BEHALF OF EMPLOYEES
18 NOT COVERED BY THIS ARTICLE; AND
19 (C) PARTICIPATE IN ANY NEGOTIATION SESSION, INTERROGATIONS, OR DISCI-
20 PLINARY INTERVIEWS WITH THE EMPLOYER ON BEHALF OF EMPLOYEES NOT COVERED
21 BY THIS ARTICLE.
22 2. THE TERM "EXCLUDED EMPLOYEE ORGANIZATION" MEANS AN ORGANIZATION
23 THAT REPRESENTS EXCLUDED EMPLOYEES BEFORE THE STATE EMPLOYER TO MEET AND
24 CONFER REGARDING TERMS AND CONDITIONS OF EMPLOYMENT.
25 3. THE TERM "STATE EMPLOYER" OR "EMPLOYER" MEANS THE GOVERNOR OR HIS
26 OR HER DESIGNATED REPRESENTATIVE.
27 4. THE TERM "MEET AND CONFER" MEANS THE EMPLOYER SHALL FULLY CONSIDER
28 SUCH PRESENTATIONS MADE BY THE EXCLUDED EMPLOYEE ORGANIZATION ON BEHALF
29 OF ITS MEMBERS PRIOR TO ARRIVING AT A DETERMINATION OF ANY POLICY OR
30 COURSE OF ACTION WITH RESPECT TO SUCH EMPLOYEES.
31 5. THE TERM "TERMS AND CONDITIONS OF EMPLOYMENT" MEANS WAGES, SALA-
32 RIES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDED,
33 HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY BENEFITS PROVIDED BY OR TO
34 BE PROVIDED BY A PUBLIC RETIREMENT SYSTEM, OR PAYMENTS TO A FUND OR
35 INSURER TO PROVIDE AN INCOME FOR RETIREES, OR PAYMENTS TO RETIREES OR
36 THEIR BENEFICIARIES. NO RETIREMENT BENEFITS SHALL BE DISCUSSED OR
37 PROVIDED FOR PURSUANT TO THIS ARTICLE, AND ANY SUCH BENEFITS PROVIDED
38 SHALL BE VOID.
39 S 302. RIGHT OF ORGANIZATION. NOTWITHSTANDING SECTION TWO HUNDRED
40 FOURTEEN OF THIS CHAPTER, EXCLUDED EMPLOYEES SHALL HAVE THE RIGHT TO
41 JOIN AND PARTICIPATE IN, OR REFRAIN FROM JOINING OR PARTICIPATING IN,
42 THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION OF THEIR CHOOSING.
43 S 303. ELECTION OF EXCLUDED EMPLOYEE ORGANIZATION. THE PUBLIC EMPLOY-
44 MENT RELATIONS BOARD SHALL DESIGNATE A REPRESENTATIVE FOR MEET AND
45 CONFER PURPOSES OF EMPLOYEES COVERED BY THIS ARTICLE WHEN SUCH REPRESEN-
46 TATIVE DEMONSTRATES A SHOWING OF MAJORITY INTEREST BY EMPLOYEES AS
47 DEFINED BY THIS ARTICLE. IN CASES WHERE THE PARTIES TO A DISPUTE ARE
48 WITHOUT AGREEMENT ON THE MEANS TO ASCERTAIN THE CHOICE, IF ANY, OF THE
49 EXCLUDED EMPLOYEE ORGANIZATION AS THEIR REPRESENTATIVE, THE BOARD SHALL
50 ASCERTAIN SUCH EMPLOYEES' CHOICE OF EMPLOYEE ORGANIZATION, ON THE BASIS
51 OF DUES DEDUCTION AUTHORIZATION AND OTHER EVIDENCE, OR IF NECESSARY, BY
52 CONDUCTING AN ELECTION. IN THE EVENT THAT EITHER PARTY PROVIDES TO THE
53 BOARD, PRIOR TO THE DESIGNATION OF A REPRESENTATIVE, CLEAR AND CONVINC-
54 ING EVIDENCE THAT THE DUES DEDUCTION AUTHORIZATIONS, AND OTHER EVIDENCE
55 UPON WHICH THE BOARD WOULD OTHERWISE RELY TO ASCERTAIN THE EMPLOYEES'
56 CHOICE OF REPRESENTATIVE, ARE FRAUDULENT OR WERE OBTAINED THROUGH COER-
A. 1384 3
1 CION, THE BOARD SHALL PROMPTLY THEREAFTER CONDUCT AN ELECTION. THE BOARD
2 SHALL ALSO INVESTIGATE AND CONSIDER A PARTY'S ALLEGATIONS THAT THE DUES
3 DEDUCTION AUTHORIZATIONS AND OTHER EVIDENCE SUBMITTED IN SUPPORT OF A
4 DESIGNATION FOR REPRESENTATIVE WITHOUT AN ELECTION WERE SUBSEQUENTLY
5 CHANGED, ALTERED, WITHDRAWN OR WITHHELD AS A RESULT OF EMPLOYER FRAUD,
6 COERCION OR ANY OTHER UNFAIR EMPLOYER LABOR PRACTICE, IT SHALL DESIGNATE
7 THE REPRESENTATIVE WITHOUT THE CONDUCT OF AN ELECTION.
8 S 304. RIGHT OF REPRESENTATION. EXCLUDED EMPLOYEES SHALL HAVE THE
9 RIGHT TO BE REPRESENTED BY THE EXCLUDED EMPLOYEE ORGANIZATION, TO MEET
10 AND CONFER WITH THE STATE EMPLOYER IN DETERMINATION OF TERMS AND CONDI-
11 TIONS OF EMPLOYMENT, EXCEPT THAT NOTHING IN THIS ARTICLE SHALL AUTHORIZE
12 SUCH ORGANIZATION TO BARGAIN COLLECTIVELY WITH THE STATE.
13 S 305. RECOGNITION OF THE EXCLUDED EMPLOYEE ORGANIZATION. THE STATE
14 EMPLOYER IS HEREBY EMPOWERED TO RECOGNIZE THE EXCLUDED EMPLOYEE ORGAN-
15 IZATION AS THE EXCLUSIVE REPRESENTATIVE FOR THE PURPOSE OF THIS ARTICLE
16 FOR MEETING AND CONFERRING ON MATTERS RELATED TO THE TERMS AND CONDI-
17 TIONS OF EMPLOYMENT. IT IS THE MUTUAL OBLIGATION OF THE STATE EMPLOYER
18 AND THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION TO MEET AT REASONABLE
19 TIMES AND CONFER IN GOOD FAITH WITH RESPECT TO WAGES, HOURS, AND OTHER
20 TERMS AND CONDITIONS OF EMPLOYMENT OR ANY QUESTION ARISING THEREUNDER,
21 BUT SUCH OBLIGATION DOES NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL
22 OR REQUIRE THE MAKING OF A CONCESSION.
23 S 306. MERIT SYSTEM. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
24 CONTRAVENE THE SPIRIT OR INTENT OF THE MERIT SYSTEM IN STATE GOVERNMENT
25 NOR TO LIMIT THE ENTITLEMENTS OF EACH SUCH EXCLUDED EMPLOYEE.
26 S 307. RIGHTS OF THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION. THE
27 STATE EMPLOYER SHALL EXTEND TO THE EXCLUDED EMPLOYEE ORGANIZATION THE
28 RIGHT TO REPRESENT THE EXCLUDED EMPLOYEE IN COMMUNICATIONS WITH THE
29 STATE EMPLOYER REGARDING TERMS AND CONDITIONS OF EMPLOYMENT.
30 S 2. This act shall take effect on the ninetieth day after it shall
31 have become a law.