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

                                  6372

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

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.
                                                           LBD10148-01-1
              

A. 6372                             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.