Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that an incumbent in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.
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 th 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
STATE OF NEW YORK ________________________________________________________________________ 7599 IN SENATE May 15, 2014 ___________Introduced by Sen. ESPAILLAT -- 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 ASSEM- BLY, 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 posi- tion 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 posi- tions 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 EXAM- INATION FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT INCUM- BENT PURSUANT TO SECTION FIFTY-TWO OF THIS CHAPTER, who shall be displaced in the order of suspension or demotion prescribed in subdivi- sions 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 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 isEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10697-01-3 S. 7599 2
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 subdivi- sion constitutes waiver of rights under this subdivision with respect to the suspension or displacement on account of which the refused appoint- ment is afforded. The municipal civil service commission shall promul- gate 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, howev- er, that no such rule shall permit an incumbent to displace any other incumbent having greater retention standing. For the purpose of acquir- ing preferred list rights, displacement pursuant to this subdivision is the equivalent of suspension or demotion pursuant to subdivision one of this section. S 2. This act shall take effect immediately.