S T A T E   O F   N E W   Y O R K
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                                  6377

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 16, 2011
                               ___________

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

AN ACT to amend  the  civil  service  law,  in  relation  to  collective
  bargaining by region for school districts

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

  Section 1. The civil service law is amended by adding  a  new  section
215 to read as follows:
  S  215. COLLECTIVE BARGAINING BY REGION FOR SCHOOL DISTRICTS.  1.  ANY
PROVISION OF ANY GENERAL, SPECIAL, OR LOCAL LAW, ORDINANCE,  RESOLUTION,
RULE  OR REGULATION RELATING TO THE PROVISIONS OF THIS SECTION IS SUPER-
SEDED BY THIS SECTION TO THE EXTENT THAT IT IS  INCONSISTENT  THEREWITH,
BUT  SHALL  REMAIN APPLICABLE AND IN FULL FORCE AND EFFECT TO THE EXTENT
THAT IT IS CONSISTENT THEREWITH.
  2. THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE  RELATIONS  SHALL
MAKE AVAILABLE LABOR RELATIONS PROFESSIONALS WHO SHALL PROVIDE TECHNICAL
ASSISTANCE  AND  ADVICE  TO DISTRICT SUPERINTENDENTS AND THEIR BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES TO FACILITATE THE  REGIONAL  BARGAINING
PROCEDURE  AND  TO  COORDINATE  AN  EFFICIENT AND EFFECTIVE PROCESS BOTH
REGIONALLY AND AMONG ALL THE SUPERVISORY DISTRICTS IN WHICH THERE  IS  A
REGIONAL COLLECTIVE BARGAINING TEAM.
  3.  IN  EACH  SUPERVISORY  DISTRICT GOVERNED BY A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES PURSUANT TO THE EDUCATION  LAW  THERE  SHALL  BE  A
REGIONAL  COLLECTIVE BARGAINING TEAM. SUCH TEAM SHALL CONSIST OF NO LESS
THAN THREE AND NO MORE THAN SEVEN  PERSONS  APPOINTED  BY  THE  DISTRICT
SUPERINTENDENT,  UPON THE ADVICE AND CONSULTATION OF THE DIRECTOR OF THE
GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS, EACH OF WHOM MUST  BE  APPROVED
BY MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  4. THE EMPLOYEE ORGANIZATIONS REPRESENTING TEACHERS IN EACH BARGAINING
UNIT  FROM  THE  SCHOOL  DISTRICTS WITHIN THE SUPERVISORY DISTRICT SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10167-01-1

              

A. 6377                             2

SELECT NO LESS THAN THREE AND NO MORE THAN SEVEN PERSONS TO SERVE ON THE
EMPLOYEE ORGANIZATION'S REGIONAL COLLECTIVE BARGAINING TEAM.
  5.  THE  DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS SHALL
DECIDE AT HIS OR HER DISCRETION  THE DATE OF WHICH AN INITIAL DEMAND  TO
BEGIN  COLLECTIVE  NEGOTIATIONS  SHALL  BE PROFFERED IN EACH SUPERVISORY
DISTRICT. THESE DATES SHALL  PROVIDE  FOR  A  PHASED  IN  IMPLEMENTATION
ACROSS  THE  STATE.  THE DIRECTOR SHALL CONSULT WITH THE COMMISSIONER OF
EDUCATION AND OTHERS, AS HE OR SHE DEEMS APPROPRIATE, INCLUDING DISTRICT
SUPERINTENDENTS, TO ARRIVE AT SUCH SCHEDULE.
  6. THE DISTRICT SUPERINTENDENT, THROUGH HIS OR HER REGIONAL COLLECTIVE
BARGAINING TEAM REPRESENTING SCHOOL  DISTRICTS  WITHIN  THE  SUPERVISORY
DISTRICT, AND THE EMPLOYEE ORGANIZATION, THROUGH ITS REGIONAL COLLECTIVE
BARGAINING TEAM REPRESENTING TEACHERS FROM SUCH DISTRICTS, SHALL HAVE AN
OBLIGATION TO NEGOTIATE COLLECTIVELY WITH EACH OTHER REGARDING TERMS AND
CONDITIONS  OF  EMPLOYMENT  THAT  ARE  TO BE THE SUBJECT OF THE REGIONAL
COLLECTIVE BARGAINING AGREEMENT, DEFINED AS SUCH TERMS THAT ARE DIRECTLY
RELATED TO COMPENSATION AND CERTAIN FRINGE BENEFITS,  INCLUDING  SALARY,
STIPENDS,  LOCATION PAY, DIFFERENTIAL PAY FOR CERTAIN POSITIONS, RETIRE-
MENT BENEFITS EXCEPT THOSE WHICH ARE PROHIBITED FROM BARGAINING PURSUANT
TO SUBDIVISION FOUR OF SECTION TWO HUNDRED ONE OF THIS ARTICLE,  MEDICAL
AND HOSPITALIZATION BENEFITS AND INSURANCE, PAID TIME OFF, AND THE TERMS
AND  CONDITIONS  SET  FORTH IN REGIONAL COLLECTIVE BARGAINING AGREEMENTS
PREVIOUSLY NEGOTIATED BETWEEN THE PARTIES. ALL OTHER MATTERS, INCLUDING,
BUT NOT LIMITED TO, DISCIPLINARY PROCEDURES, WORK  YEAR  AND  WORK  DAY,
SCHEDULING, AND JOB SECURITY, MAY BE INCLUDED IN THE REGIONAL COLLECTIVE
BARGAINING  AGREEMENT AS THE PARTIES AGREE, HOWEVER, NEITHER PARTY SHALL
HAVE AN OBLIGATION TO NEGOTIATE SUCH ISSUES WITH RESPECT TO THE REGIONAL
COLLECTIVE BARGAINING PROCESS.
  7. UPON AN AGREEMENT REGARDING ALL OF THE NEGOTIABLE TERMS AND  CONDI-
TIONS  OF  EMPLOYMENT  AS  SET  FORTH IN SUBDIVISION SIX OF THIS SECTION
BETWEEN THE REGIONAL BARGAINING TEAMS OF THE  SUPERVISORY  DISTRICT  AND
THE  EMPLOYEE ORGANIZATIONS, A MEMORANDUM OF AGREEMENT SHALL BE PREPARED
AND PRESENTED TO THE  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  FOR
RATIFICATION  AND  APPROVAL  AND  THE BARGAINING UNITS FOR RATIFICATION.
THERE SHALL BE A SINGLE VOTE OF THE COLLECTIVE MEMBERS OF THE  TEACHERS'
BARGAINING  UNITS  OF  ALL  THE  SCHOOL DISTRICTS WITHIN THE SUPERVISORY
DISTRICT FOR RATIFICATION. PRIOR  TO  RATIFICATION/APPROVAL  VOTES,  THE
MEMORANDUM OF AGREEMENT SHALL BE PRESENTED TO THE DIRECTOR OF THE GOVER-
NOR'S  OFFICE  OF  EMPLOYEE  RELATIONS; THE DIRECTOR, IN HIS OR HER SOLE
DISCRETION, MAY VOID A MEMORANDUM OF AGREEMENT IF HE  OR  SHE  FINDS  AN
ERROR  IN  LAW OR FINDS ONE OR MORE PARTS OF THE AGREEMENT TO BE AGAINST
PUBLIC POLICY.
  8. FOR THE LIMITED PURPOSE OF THE RESOLUTION OF IMPASSE IN  COLLECTIVE
BARGAINING  PURSUANT  TO  THIS SECTION, THE PROVISIONS OF PARAGRAPHS (A)
THROUGH (E) OF SUBDIVISION THREE OF SECTION TWO  HUNDRED  NINE  OF  THIS
ARTICLE  SHALL APPLY. WHERE NECESSARY, THE LEGISLATIVE BODY SHALL BE THE
BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  FOR  THE  PURPOSES  OF  THIS
SECTION.
  9. THE RESULTING REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL SUPER-
SEDE  THE TERM OF EVERY PARTICIPATING SCHOOL DISTRICT'S LOCAL COLLECTIVE
BARGAINING AGREEMENT WITH RESPECT TO ONLY THE TERMS  AND  CONDITIONS  OF
EMPLOYMENT  THAT  ARE  SET  FORTH  IN THE REGIONAL COLLECTIVE BARGAINING
AGREEMENT.
  (A) THE TERMS OF THE REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL BE
EFFECTIVE IMMEDIATELY WITH RESPECT  TO  ANY  EMPLOYEES  COVERED  BY  THE

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REGIONAL  AGREEMENT  WHO  ARE  HIRED SUBSEQUENT TO THE DATE ON WHICH THE
REGIONAL AGREEMENT IS FULLY RATIFIED AND APPROVED.
  (B) THE TERMS OF THE REGIONAL COLLECTIVE BARGAINING AGREEMENT SHALL BE
EFFECTIVE  WITH  RESPECT TO ANY EMPLOYEES COVERED BY THE REGIONAL AGREE-
MENT WHO ARE EMPLOYED ON THE DATE ON WHICH  THE  REGIONAL  AGREEMENT  IS
FULLY  RATIFIED  AND APPROVED, UPON THE STATED EXPIRATION DATE SET FORTH
IN THE APPLICABLE LOCAL SCHOOL DISTRICT'S  LOCAL  COLLECTIVE  BARGAINING
AGREEMENT.
  (C)  EMPLOYEES  TO  WHICH  PARAGRAPH  (B) OF THIS SUBDIVISION APPLIES,
SHALL BE HELD HARMLESS FROM ANY BASE SALARY REDUCTION AS A RESULT OF THE
REGIONAL COLLECTIVE BARGAINING AGREEMENT FOR A  PERIOD  OF  THREE  YEARS
FROM  THE  DATE  ON  WHICH  THE REGIONAL AGREEMENT IS FULLY RATIFIED AND
APPROVED.
  10. EVERY COMPONENT  AND  NON-COMPONENT  SCHOOL  DISTRICT  WITHIN  THE
SUPERVISORY  DISTRICT  SHALL  HAVE  THE  OPTION OF BEING A PARTICIPATING
SCHOOL DISTRICT, UPON THE APPROVAL BY MAJORITY  VOTE  OF  THE  BOARD  OF
EDUCATION  OR BOARD OF TRUSTEES OF SAID DISTRICT. ONCE A SCHOOL DISTRICT
BECOMES A PARTICIPATING SCHOOL DISTRICT, THERE SHALL BE NO FURTHER  VOTE
ON THE SUBJECT, EXCEPT THAT, AFTER NO LESS THAN FIVE YEARS FROM THE DATE
OF  BECOMING  A PARTICIPATING SCHOOL DISTRICT THE COMMISSIONER OF EDUCA-
TION MAY APPROVE A PETITION BY SAID  PARTICIPATING  SCHOOL  DISTRICT  TO
ALLOW  FOR  A VOTE ON THE SUBJECT.  THE SCHOOL DISTRICT'S DECISION ABOUT
WHETHER TO PARTICIPATE AND/OR CONTINUE ITS PARTICIPATION, AND THE IMPACT
THEREOF, SHALL NOT BE A MANDATORY SUBJECT OF BARGAINING.   EVERY  SCHOOL
DISTRICT'S  BOARD  OF  EDUCATION  OR BOARD OF TRUSTEES SHALL HAVE HELD A
PUBLIC HEARING AND RECORDED VOTE IN PUBLIC SESSION UPON THE QUESTION  OF
WHETHER  TO  BECOME  A  PARTICIPATING SCHOOL DISTRICT WITHIN ONE HUNDRED
EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SECTION.
  11. UPON BECOMING A PARTICIPATING SCHOOL DISTRICT, THE  TERMS  OF  THE
EXISTING  REGIONAL  COLLECTIVE  BARGAINING  AGREEMENT FOR THE APPLICABLE
SUPERVISORY DISTRICT SHALL BE IN FULL FORCE AND EFFECT WITH  RESPECT  TO
THE PARTICIPATING SCHOOL DISTRICT, AS SET FORTH IN THIS SECTION.
  12. (A) EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION, THIS SECTION
DOES  NOT OTHERWISE AFFECT THE DUTY TO BARGAIN OVER TERMS AND CONDITIONS
OF EMPLOYMENT AS DEFINED IN THIS ARTICLE.
  (B) NOTWITHSTANDING SECTION TWO HUNDRED FOUR OF THIS ARTICLE,  OR  ANY
OTHER  LAW,  RULE  OR REGULATION, THE PARTICIPATING SCHOOL DISTRICTS AND
THEIR RESPECTIVE EMPLOYEE BARGAINING  UNITS  SHALL  BE  PROHIBITED  FROM
BARGAINING  LOCALLY,  FOR  MEMBERS  COVERED BY THE TERMS OF THE REGIONAL
COLLECTIVE BARGAINING AGREEMENT, OVER ANY  TERMS  THAT  ARE  COVERED  BY
THEIR REGIONAL COLLECTIVE BARGAINING AGREEMENT.
  13.  THE  COSTS  AND EXPENSES INCURRED BY BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES RELATED TO SERVICES AND EXPENSES OF THE REGIONAL COLLEC-
TIVE BARGAINING TEAM,  INCLUDING  ANY  UTILIZATION  OF  OUTSIDE  PROFES-
SIONALS,  SHALL  BE  PART OF THE ADMINISTRATIVE BUDGET OF THE APPLICABLE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, BUT NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, ON AND AFTER  THE  EFFECTIVE  DATE  OF
THIS  SECTION  SUCH COST AND EXPENSES SHALL NOT BE ALLOWABLE ADMINISTRA-
TIVE EXPENSES FOR PURPOSES OF STATE AID PURSUANT TO SUBDIVISION FIVE  OF
SECTION  NINETEEN  HUNDRED  FIFTY  OF  THE EDUCATION LAW, AND SUCH COSTS
SHALL NOT BE INCLUDED IN THE ADMINISTRATIVE EXPENSES ALLOCATED TO COMPO-
NENT SCHOOL DISTRICTS PURSUANT TO SECTIONS NINETEEN  HUNDRED  FIFTY  AND
NINETEEN  HUNDRED  FIFTY-ONE OF THE EDUCATION LAW.  SUBJECT TO AN APPRO-
PRIATION FOR SUCH PURPOSE, THE ALLOWABLE  COSTS  OF  SUCH  SERVICES  AND
EXPENSES  SHALL  BE DIRECTLY AND FULLY REIMBURSED BY THE STATE; PROVIDED
THAT IN THE EVENT THAT SUCH APPROPRIATION IS INSUFFICIENT  TO  REIMBURSE

A. 6377                             4

ALL  ALLOWABLE  COSTS, THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY
ALLOCATE THE EXCESS OF SUCH COSTS TO PARTICIPATING SCHOOL  DISTRICTS  IN
THE  SAME  MANNER  AS  ADMINISTRATIVE  COSTS  ARE ALLOCATED TO COMPONENT
DISTRICTS UNDER THE EDUCATION LAW.
  14. IF ANY PART OF THIS SECTION SHALL BE ADJUDGED INVALID BY ANY COURT
OF  COMPETENT  JURISDICTION,  SUCH  JUDGMENT  SHALL  NOT  INVALIDATE THE
REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION  TO  THE  PART
DIRECTLY  INVOLVED  IN  THE CONTROVERSY WHEREIN SUCH JUDGMENT SHALL HAVE
BEEN RENDERED.
  S 2. This act shall take effect on the first of July  next  succeeding
the date on which it shall have become a law.