S T A T E   O F   N E W   Y O R K
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                                  5249

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 21, 2013
                               ___________

Introduced  by M. of A. TENNEY, KATZ, LALOR -- read once and referred to
  the Committee on Governmental Employees

AN ACT to amend the civil service law, in  relation  to  suspending  the
  Triborough  amendment;  directing  the mandate relief redesign team to
  prepare a list of unfunded mandates; and providing for the  repeal  of
  such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 209-a of the civil service law, as
amended by chapter 244 of the laws  of  2007,  is  amended  to  read  as
follows:
  1. Improper employer practices. It shall be an improper practice for a
public  employer  or  its  agents  deliberately  (a)  to interfere with,
restrain or coerce public employees in  the  exercise  of  their  rights
guaranteed in section two hundred two of this article for the purpose of
depriving  them  of  such  rights; (b) to dominate or interfere with the
formation or administration of any employee organization for the purpose
of depriving them of  such  rights;  (c)  to  discriminate  against  any
employee  for  the purpose of encouraging or discouraging membership in,
or participation in the activities of, any employee organization; (d) to
refuse to negotiate in good faith with the duly recognized or  certified
representatives  of its public employees; (e) [to refuse to continue all
the terms of an expired agreement until a new agreement  is  negotiated,
unless the employee organization which is a party to such agreement has,
during  such  negotiations  or  prior to such resolution of such negoti-
ations, engaged in conduct violative of subdivision one of  section  two
hundred  ten  of this article; (f)] to utilize any state funds appropri-
ated for any purpose to train managers, supervisors or other administra-
tive personnel regarding methods to discourage union organization or  to
discourage  an  employee from participating in a union organizing drive;
or [(g)] (F) to fail to permit or refuse to afford a public employee the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05904-01-3
              

A. 5249                             2

right, upon the employee's demand, to representation by a representative
of the employee organization, or  the  designee  of  such  organization,
which  has  been  certified or recognized under this article when at the
time  of  questioning  by  the  employer  of such employee it reasonably
appears that he or she may be the subject of  a  potential  disciplinary
action.  If representation is requested, and the employee is a potential
target of disciplinary action at the time of questioning,  a  reasonable
period  of  time shall be afforded to the employee to obtain such repre-
sentation. It shall be an affirmative defense to any  improper  practice
charge  under  paragraph [(g)] (F) of this subdivision that the employee
has the right, pursuant to statute, interest arbitration award,  collec-
tively negotiated agreement, policy or practice, to present to a hearing
officer  or  arbitrator  evidence  of  the employer's failure to provide
representation and to obtain exclusion of the  resulting  evidence  upon
demonstration  of  such  failure. Nothing in this section shall grant an
employee any right to representation by the representative of an employ-
ee organization in any criminal investigation.
  S 2. The Mandate Relief Redesign Team,  as  established  by  Executive
Order  Number  Six of 2011, shall prepare a list of unfunded mandates on
local governments and an estimate  of  the  cost  thereof.  The  Mandate
Relief  Redesign  Team  shall  complete  such  list and submit it to the
governor and the legislature no later than two years after the effective
date of this act.
  S 3. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid  and  after  exhaustion  of all further judicial review, the
judgment shall not affect, impair or invalidate the  remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, section or part of this act directly involved in the  controversy
in which the judgment shall have been rendered.
  S  4.  This  act shall take effect immediately and shall expire and be
deemed repealed 2 years after such date.