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

                                  4932

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2013
                               ___________

Introduced  by M. of A. GOODELL -- read once and referred to the Commit-
  tee on Governmental Employees

AN ACT to amend the civil service law, in relation to  the  requirements
  of  a  public  employer  when  a  collective  bargaining agreement has
  expired and a new agreement is not in place

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

  Section  1.  Paragraph  (e)  of  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:
  (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 negotiations, engaged in conduct violative of  subdi-
vision  one of section two hundred ten of this article, PROVIDED, HOWEV-
ER, THAT NOTHING HEREIN OR IN ANY OTHER PROVISION OF LAW SHALL REQUIRE A
PUBLIC EMPLOYER TO PAY HIGHER WAGES, BENEFITS, OR GIVE PROMOTIONS TO ANY
EMPLOYEE WHETHER BASED ON PERFORMANCE, LONGEVITY, LENGTH OF  SERVICE  OR
PASSAGE  OF TIME AFTER THE EXPIRATION OF SUCH AGREEMENT AND BEFORE A NEW
AGREEMENT HAS BEEN NEGOTIATED;
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08556-01-3