S T A T E   O F   N E W   Y O R K
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                                  5106

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A. FITZPATRICK, CORWIN, MONTESANO, LALOR -- read
  once and referred to the Committee on Governmental Employees

AN ACT to amend the civil service  law,  in  relation  to  removing  the
  requirement that a public employer continue terms of an expired agree-
  ment until a new agreement is negotiated with an employee organization

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

  Section 1. 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:
  1. Improper employer practices. It shall be an improper practice for a
public  employer  or  its  agents  deliberately  (a)  to interfere with,
restrain or coerce public employees in  the  exercise  of  their  rights
guaranteed in section two hundred two of this article for the purpose of
depriving  them  of  such  rights; (b) to dominate or interfere with the
formation or administration of any employee organization for the purpose
of depriving them of  such  rights;  (c)  to  discriminate  against  any
employee  for  the purpose of encouraging or discouraging membership in,
or participation in the activities of, any employee organization; (d) to
refuse to negotiate in good faith with the duly recognized or  certified
representatives  of its public employees; (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 negoti-
ations, engaged in conduct violative of subdivision one of  section  two
hundred  ten  of this article; (f)] to utilize any state funds appropri-
ated for any purpose to train managers, supervisors or other administra-
tive personnel regarding methods to discourage union organization or  to
discourage  an  employee from participating in a union organizing drive;
or [(g)] (F) to fail to permit or refuse to afford a public employee the
right, upon the employee's demand, to representation by a representative

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08565-01-3
              

A. 5106                             2

of the employee organization, or  the  designee  of  such  organization,
which  has  been  certified or recognized under this article when at the
time of questioning by the  employer  of  such  employee  it  reasonably
appears  that  he  or she may be the subject of a potential disciplinary
action. If representation is requested, and the employee is a  potential
target  of  disciplinary action at the time of questioning, a reasonable
period of time shall be afforded to the employee to obtain  such  repre-
sentation.  It  shall be an affirmative defense to any improper practice
charge under paragraph [(g)] (F) of this subdivision that  the  employee
has  the right, pursuant to statute, interest arbitration award, collec-
tively negotiated agreement, policy or practice, to present to a hearing
officer or arbitrator evidence of  the  employer's  failure  to  provide
representation  and  to  obtain exclusion of the resulting evidence upon
demonstration of such failure. Nothing in this section  shall  grant  an
employee any right to representation by the representative of an employ-
ee organization in any criminal investigation.
  S 2. This act shall take effect immediately.