NY State Senate Bill 2009-S3892

Senate Bill S3892

2009-2010 Legislative Session

Relates to enhancing the collective bargaining obligations of public employers and adjusting penalties for striking of public employees

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Jul 16, 2009	committed to rules
May 26, 2009	advanced to third reading
May 20, 2009	2nd report cal.
May 19, 2009	1st report cal.378
Apr 28, 2009	reported and committed to finance
Apr 02, 2009	referred to civil service and pensions

co-Sponsors

2009-S3892 (ACTIVE) - Details

See Assembly Version of this Bill:: A5858
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §§209-a & 210, Civ Serv L
Versions Introduced in 2011-2012 Legislative Session:: A6372

2009-S3892 (ACTIVE) - Summary

Relates to enhancing the collective bargaining obligations of public employers and adjusting penalties for striking of public employees.

2009-S3892 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3892

 TITLE OF BILL :
An act to amend the civil service law, in relation to enhancing the
collective bargaining obligations of public employers and adjusting
penalties for striking of public employees

 PURPOSE :
Article 14 of the Civil Service Law - the Public Employees Fair
Employment Act (Taylor Law) prohibits strikes by public employees and
provides for penalties in the case of illegal strikes. Oversight of
the Taylor Law is handled by the Public Employment Relations Board
(PERB).

 SUMMARY OF PROVISIONS :
§ 1 - amends subdivision 4 of section 209-a of the civil service law
(injunctive relief) - providing for injunctive relief if there is
reasonable cause to believe that a public employer or employee
organization in demanding bargaining of a non-mandatory subject is
likely to lead to a strike.

§ 2 amends section 210 of the civil service law (prohibition of
strikes).

* requiring PERB to consider certain several criterion when assessing
a timeframe for the forfeiture of automatic dues deduction.

* if a strike if found to be the result of extreme provocation of the
public employer, the employer will be required to pay an amount up to
fifty percent of the loss of dues to the employee organization.  The
amount to be determined by PERB.

 EXISTING LAW :
Injunctive relief under the Taylor Law (CSL 209-a) may be granted if
there is reasonable cause to believe an improper practice has occurred
and it appears that immediate and irreparable injury, loss or damage
will result if relief is not granted.

Under the strike prohibition penalty (CSL § 210) may, not must,
consider a set a criterion when setting a timeframe for loss of
automatic dues deduction. Additionally, there is no provision for
penalties against public employers who engage in extreme provocation
to cause a strike by public employees.

 JUSTIFICATION :
The Taylor law protects the public against the disruption of vital
services by making it illegal for public employees to strike, while
protecting the rights of public employees.

Strikes by public employees carry serious penalties for both the
employee and the employee organizations.

Public employers, who through, extreme provocation cause a strike of
public employees, face no penalties.  This legislation would level the
playing field by:
* allowing for injunctive relief if a public employer actions lead to
a strike through contract demands that are non-mandatory subjects of
collective bargaining, and;
* allowing for the possible recouping of up to 50% of loss of dues to
the employee organization, if it is determined a strike was caused by
the extreme provocation of a public employer.

 LEGISLATIVE HISTORY :
2006 Session: A.11227/S.7880 - First introduction, no significant
action
2007 Session: A.5050 - No significant action
2008 Session: A.5050 - No significant action

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S3892 (ACTIVE) - Bill Text download pdf

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

                                  3892

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 2, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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  enhancing  the
  collective  bargaining  obligations  of public employers and adjusting
  penalties for striking of public employees

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

  Section  1.  Paragraph  (a)  of  subdivision 4 of section 209-a of the
civil service law, as added by chapter 695  of  the  laws  of  1994,  is
amended to read as follows:
  (a)  A party filing an improper practice charge under this section may
petition the board to obtain injunctive relief, pending  a  decision  on
the merits of said charge by an administrative law judge, upon a showing
that:  (i) there is reasonable cause to believe an improper practice has
occurred, OR THERE IS REASONABLE CAUSE TO BELIEVE THAT THE INSISTENCE OF
A PUBLIC EMPLOYER OR EMPLOYEE  ORGANIZATION  UPON  A  BARGAINING  DEMAND
WHICH  IS  A  NON-MANDATORY SUBJECT OF BARGAINING IS LIKELY TO LEAD TO A
VIOLATION OF SECTION TWO HUNDRED TEN OF THIS ARTICLE, and (ii) where  it
appears  that  immediate  and  irreparable  injury,  loss or damage will
result thereby rendering a resulting judgment on the merits  ineffectual
necessitating  the  maintenance  of,  or  return  to,  the status quo to
provide meaningful relief.
  S 2. Paragraph (f) of subdivision  3  of  section  210  of  the  civil
service  law,  as amended by chapter 677 of the laws of 1977, is amended
to read as follows:
  (f) If the board determines that an employee organization has violated
the provisions of subdivision one of this section, the board shall order
forfeiture of the rights granted pursuant to the provisions of paragraph
(b) of subdivision one, and subdivision three  of  section  two  hundred
eight  of  this  chapter, for such specified period of time as the board
shall determine, or, in the discretion of the board, for  an  indefinite

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09083-01-9

S. 3892                             2

period  of  time subject to restoration upon application, with notice to
all interested parties, supported by proof of good faith compliance with
the requirements of subdivision one of this section since  the  date  of
such violation, such proof to include, for example, the successful nego-
tiation,  without  a  violation of subdivision one of this section, of a
contract covering the employees in the unit affected by such  violation;
provided, however, that where a fine imposed on an employee organization
pursuant  to  subdivision  two of section seven hundred fifty-one of the
judiciary law remains wholly or partly unpaid, after the  exhaustion  of
the  cash  and  securities of the employee organization, the board shall
direct that,  notwithstanding  such  forfeiture,  such  membership  dues
deduction  shall  be  continued to the extent necessary to pay such fine
and such public employer shall transmit such moneys  to  the  court.  In
fixing  the duration of the forfeiture, the board shall consider all the
relevant facts and circumstances, including but not limited to: (i)  the
extent  of  any  wilful defiance of subdivision one of this section (ii)
the impact of the strike on the public health, safety,  and  welfare  of
the  community  and (iii) the financial resources of the employee organ-
ization; and the board [may] SHALL  consider  (i)  the  refusal  of  the
employee  organization  or the appropriate public employer or the repre-
sentative thereof, to submit to the mediation  and  fact-finding  proce-
dures  provided  in  section  two  hundred  nine and (ii) whether, if so
alleged by the employee organization, the appropriate public employer or
its representatives engaged in such acts of extreme  provocation  as  to
detract  from  the  responsibility  of the employee organization for the
strike. In determining the financial resources of the employee organiza-
tion, the board shall consider both the income and the  assets  of  such
employee organization. In the event membership dues are collected by the
public  employer  as  provided  in  paragraph  (b) of subdivision one of
section two hundred eight of this chapter, the books and records of such
public  employer  shall  be  prima  facie  evidence  of  the  amount  so
collected.    IF THE BOARD FINDS THAT THE PUBLIC EMPLOYER HAS ENGAGED IN
ACTS OF EXTREME PROVOCATION SUCH AS TO DETRACT FROM  THE  RESPONSIBILITY
OF  THE  EMPLOYEE ORGANIZATION FOR THE STRIKE, THE BOARD SHALL ORDER THE
PUBLIC EMPLOYER TO REMIT TO THE EMPLOYEE ORGANIZATION A PORTION  OF  THE
LOSSES OF INCOME SUSTAINED BY THE EMPLOYEE ORGANIZATION OWING TO FORFEI-
TURE  OF  DUES DEDUCTION PROVIDED FOR IN THIS SUBDIVISION, NOT TO EXCEED
FIFTY PERCENT OF SUCH LOSSES. IN DETERMINING THE PAYMENT TO BE  REMITTED
BY  THE  PUBLIC  EMPLOYER  TO THE EMPLOYEE ORGANIZATION, THE BOARD SHALL
CONSIDER THE EXTENT TO WHICH THE PUBLIC EMPLOYER'S ACTS  CONTRIBUTED  TO
THE  EMPLOYEE ORGANIZATION'S DECISION TO VIOLATE SUBDIVISION ONE OF THIS
SECTION. FOR PURPOSES OF THIS SECTION, ACTS OF EXTREME PROVOCATION SHALL
INCLUDE THE USE OF ANY BARGAINING TACTICS WHICH ARE DESIGNED TO OR  HAVE
THE  EFFECT  OF  UNDULY  EXACERBATING  TENSIONS THAT ARISE IN COLLECTIVE
NEGOTIATIONS WHICH THE BOARD FINDS HAVE CONTRIBUTED TO THE ONSET OF  THE
ACTIVITY WHICH VIOLATES SUBDIVISION ONE OF THIS SECTION, IRRESPECTIVE OF
WHETHER SUCH TACTICS ARE THE IMMEDIATE CAUSE OF THE STRIKE.
  S  3.  This act shall take effect immediately; provided, however, that
the amendments to paragraph (a) of subdivision 4 of section 209-a of the
civil service law made by section one of this act shall not  affect  the
repeal of such subdivision and shall be deemed repealed therewith.

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Senate Bill S3892

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Sponsored By

Diane J. Savino