S T A T E   O F   N E W   Y O R K
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                                  3863

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  TENNEY,  KATZ,  LALOR, FITZPATRICK, FINCH --
  Multi-Sponsored by -- M. of A. BLANKENBUSH -- 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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07565-01-5
              

A. 3863                             2

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
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.