NY State Senate Bill 2011-S4907

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to civil service and pensions
Apr 29, 2011	referred to civil service and pensions

2011-S4907 (ACTIVE) - Details

See Assembly Version of this Bill:: A6377
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Add §215, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A5908
2015-2016: A5992

2011-S4907 (ACTIVE) - Summary

Creates a collective bargaining by region for school districts that choose to opt in; provides that such regional agreements shall apply to all districts which choose to opt-in, whether BOCES members or not, and would be limited to compensation, unless other subjects are agreed upon; makes related provisions.

2011-S4907 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4907

TITLE OF BILL:
An act
to amend the civil service law, in relation to collective bargaining by
region for school districts

PURPOSE OR GENERAL IDEA OF BILL:
This bill creates an opt-in regional
collective bargaining mechanism for school districts that wish to
participate. Further, if such school district opts in, such election
will supersede certain state laws and rules & regulations to
eliminate inconsistencies with such regional collective bargaining
mechanism. The bill subdivisions 1 through 12 detail the roles,
responsibilities, and interactions of and between the Director of the
Governor's Office of Employee Relations, District Superintendent and
Boards of Cooperative Educational Services (BOCES), Regional
Collective Bargaining Teams, Employee organizations, and Commissioner
of Education.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Adds a new Civil Service Law section 215 whereby collective
bargaining by region for school districts, that elect to do so,
supersedes certain laws and rules & regulations, to eliminate
inconsistencies.

Subdivisions 1 through 12 detail the roles, responsibilities, and
interactions of and between the Director of the Governor's Office of
Employee Relation, District Superintendent and Boards of Cooperative
Educational Services (BOCES), Regional Collective Bargaining Teams,
Employee Organizations, and Commissioner of Education.

Subdivisions 1 through 12 also set forth the regional collective
bargaining team size, bargaining date schedules, terms for
bargaining, approval and ratification processes, superseding
stipulations, effective dates, and school district participation
conditions.

Subdivision 13 sets forth costs and expenses, responsibilities,
reimbursement rates, and participating schools. Subdivision 14 states
that if any part of this section is adjudged invalid by an
appropriate court, it only pertains to that part, not the remainder
of the section.

JUSTIFICATION:
This legislation incorporates the 2008 New York State Local Government
Efficiency and Competitiveness Commission's recommendation that
school districts have the option of electing to have salary and
benefits plans negotiated regionally on a BOCES-wide basis. This
recommendation was
contained in both the Suozzi Commission Report and the more recent
Lundine Commission Report. These regional contracts would be phased
in as current contracts expire and apply only to new hires, the
existing employees being grandfathered in going forward for some
period of time. Teachers would be covered first followed by other
employees unions on a gradual basis.


There are no regional collective bargaining agreements on a regional
or multi-school district level. Close to seven hundred (700) separate
school districts engage in collective bargaining with their employee
unions. Employee unions are statewide and possess a wealth of legal
expertise and resources. Individual school districts vary in size,
but even the largest do not have the same wherewithal or scope of
expertise in contract negotiation. The employee unions by virtue of
their resources therefore, enjoy a greater advantage in bargaining
with individual school districts.

This legislation enables school districts to engage in collective
bargaining with employee unions more equitably. Regional collective
bargaining not only results in bargaining equity but would also
encourage potential school district consolidation and enhance career
options for teachers, thereby strengthening student education.

This is a study bill to obtain comments from the public and interested
parties on the concept of encouraging regionalized collective
bargaining by school districts and union representatives. Those who
support such a concept are drawn toward the cost savings for school
district real property taxpayers that may occur due to the economies
of scale that may be secured by reducing the number of contract
negotiations that occur throughout the State.
Further, it is hoped that the public comments received on this bill
may, at least, become the basis of establishing a regional
demonstration project to see how this concept would work before
establishing it on a statewide basis.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
It is anticipated that the increased costs
sustained by the Governor's Office of Employee Relations for
consultation with BOCES Districts would be offset by the savings
generated to school districts in the reduced number of contacts that
currently need to be separately negotiated.

EFFECTIVE DATE:
This act shall take effect on the first of July next
succeeding the date on which it shall have become a law.

2011-S4907 (ACTIVE) - Bill Text download pdf

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

                                  4907

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 29, 2011
                               ___________

Introduced  by  Sen.  KLEIN  -- 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  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

S. 4907                             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

S. 4907                             3

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

S. 4907                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4907

Sponsored By

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

2011-S4907 (ACTIVE) - Details

2011-S4907 (ACTIVE) - Summary

2011-S4907 (ACTIVE) - Sponsor Memo

2011-S4907 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4907

Share this bill

Sponsored By

Jeffrey D. Klein

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

2011-S4907 (ACTIVE) - Details

2011-S4907 (ACTIVE) - Summary

2011-S4907 (ACTIVE) - Sponsor Memo

2011-S4907 (ACTIVE) - Bill Text download pdf

Comments