S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5408
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2019
                                ___________
 
 Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
   A.  MANKTELOW  --  read  once and referred to the Committee on Govern-
   mental 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05728-01-9

 A. 5408                             2
 
 right, upon the employee's demand, to representation by a representative
 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.
   § 2. This act shall take effect immediately.