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

                                  10187

                          I N  A S S E M B L Y

                             March 10, 2010
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Governmental Employees

AN  ACT  to  amend  the  civil  service law, in relation to removing the
  requirement that a public employer continue terms of an expired agree-
  ment until a new agreement is negotiated with an employee organization

  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
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

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

                                                           LBD16264-01-0

A. 10187                            2

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. This act shall take effect immediately.