S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    243
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. PERRY, COLTON -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law and the administrative code of the
   city of New York, in relation to the ratification of a written  agree-
   ment between a public employer and an employee organization
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 201 of the civil service law is amended by  adding
 a new subdivision 13 to read as follows:
   13.  THE  TERM  "RATIFICATION  PERIOD" MEANS THE PERIOD OF TIME DURING
 WHICH THE EMPLOYEE ORGANIZATION  SUBMITS  A  WRITTEN  AGREEMENT  TO  ITS
 MEMBERSHIP  FOR A VOTE OR RE-VOTE TO ACCEPT OR REJECT THE AGREEMENT, AND
 (A) IF SUCH AGREEMENT IS APPROVED BY  SUCH  MEMBERSHIP,  THE  SUBSEQUENT
 PERIOD  OF  TIME DURING WHICH THE EMPLOYEE ORGANIZATIONS MAY PROVIDE THE
 EMPLOYER WITH WRITTEN NOTICE FORMALLY ACCEPTING THE  WRITTEN  AGREEMENT;
 OR  (B)  IF  SUCH AGREEMENT IS VOTED DOWN BY SUCH MEMBERSHIP, THE SUBSE-
 QUENT PERIOD OF TIME DURING WHICH THE EMPLOYEE ORGANIZATION MAY  PROVIDE
 THE EMPLOYER AND THE BOARD WRITTEN NOTICE FORMALLY REJECTING THE WRITTEN
 AGREEMENT AND NOT SUBJECTING SUCH AGREEMENT TO A RE-VOTE.
   § 2. Subdivision 1 of section 209 of the civil service law, as amended
 by  chapter  216 of the laws of 1977, is amended and a new subdivision 7
 is added to read as follows:
   1. For purposes of this section, an impasse may be deemed to exist  if
 the  parties  fail to achieve agreement at least one hundred twenty days
 prior to the end of the fiscal year of the public  employer;  EXCEPT  AS
 OTHERWISE PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION.
   7.  NOTWITHSTANDING  ANY  LAW,  RULE,  REGULATION  OR AGREEMENT TO THE
 CONTRARY, ONCE A WRITTEN AGREEMENT REGARDING THE TERMS AND CONDITIONS OF
 EMPLOYMENT HAS BEEN NEGOTIATED SUBJECT TO RATIFICATION BY ALL OR PART OF
 THE MEMBERSHIP OF AN EMPLOYEE ORGANIZATION, THE PUBLIC EMPLOYER, WHO  IS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD04071-01-1

 A. 243                              2
 
 A  PARTY TO SUCH AGREEMENT, SHALL NOT BE PERMITTED TO WITHDRAW OR OTHER-
 WISE REPUDIATE ITS TERMS DURING THE RATIFICATION PERIOD. NOT  MORE  THAN
 ONE  HUNDRED  TWENTY DAYS FROM THE DATE UPON WHICH AN AGREEMENT WHICH IS
 SUBJECT  TO  RATIFICATION  BY  AN EMPLOYEE ORGANIZATION IS SIGNED BY THE
 PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZATION, THE EMPLOYEE ORGANIZATION
 SHALL INFORM, IN WRITING AND AS SOON AS PRACTICABLE:   (A) THE  EMPLOYER
 THAT SUCH RATIFICATION PROCESS IS CONCLUDED AND THE SUBJECT AGREEMENT IS
 FORMALLY  ACCEPTED;  OR  (B)  THE  EMPLOYER  AND THE BOARD THAT (I) SUCH
 RATIFICATION PROCESS IS CONCLUDED AND THE SUBJECT AGREEMENT IS  FORMALLY
 REJECTED AND IS NOT SUBJECT TO A RE-VOTE; OR (II) SUCH SUBJECT AGREEMENT
 IS  PENDING  RECONSIDERATION  AND RE-VOTE BY THE EMPLOYEE ORGANIZATION'S
 MEMBERSHIP ON A FUTURE DATE CERTAIN. NO IMPASSE SHALL BE DEEMED TO EXIST
 UNTIL SUCH RATIFICATION PERIOD HAS ENDED.
   § 3. Subdivision 1 of section  209-a  of  the  civil  service  law  is
 amended by adding a new paragraph (e-1) to read as follows:
   (E-1)  TO INTERFERE WITH, RESTRAIN OR COERCE INDIVIDUAL MEMBERS OR THE
 EMPLOYEE ORGANIZATION, THROUGH STATEMENTS OR ACTIONS, WITH THE INTENT OF
 AFFECTING THE OUTCOME OF A VOTE  OR  RE-VOTE  AT  ANY  TIME,  INCLUDING,
 DURING THE RATIFICATION PERIOD;
   § 4. Paragraph 5 of subdivision a of section 12-306 of the administra-
 tive  code  of  the city of New York, as added by local law number 26 of
 the city of New York for the year 1998, is amended and a new paragraph 6
 is added to read as follows:
   (5) to unilaterally make any change as to  any  mandatory  subject  of
 collective  bargaining  or  as  to  any term and condition of employment
 established in the prior contract, during a period of negotiations  with
 a  public  employee  organization as defined in subdivision d of section
 12-311 of this chapter[.];
   (6) TO INTERFERE WITH, RESTRAIN OR COERCE INDIVIDUAL  MEMBERS  OR  THE
 EMPLOYEE ORGANIZATION, THROUGH STATEMENTS OR ACTIONS, WITH THE INTENT OF
 AFFECTING  THE  OUTCOME  OF  A  VOTE  OR RE-VOTE AT ANY TIME, INCLUDING,
 DURING THE RATIFICATION PERIOD, AS DEFINED IN SECTION TWO HUNDRED ONE OF
 THE CIVIL SERVICE LAW.
   § 5. Paragraph 5 of subdivision c of section 12-306 of the administra-
 tive code of the city of New York is amended and a new  paragraph  6  is
 added to read as follows:
   (5)  if  an  agreement  is  reached, to execute upon request a written
 document embodying the agreed terms, and  to  take  such  steps  as  are
 necessary to implement the agreement[.];
   (6)  IF  A WRITTEN AGREEMENT IS SUBMITTED TO THE MEMBERSHIP FOR A VOTE
 OR RE-VOTE AND IS VOTED DOWN,  SUCH  AGREEMENT  SHALL  REMAIN  OPEN  FOR
 ACCEPTANCE  OR REJECTION BY THE EMPLOYEE ORGANIZATION DURING A RATIFICA-
 TION PERIOD, AS DEFINED BY SECTION TWO HUNDRED ONE OF THE CIVIL  SERVICE
 LAW.
   § 6. This act shall take effect immediately.