S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3767
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to employee represen-
   tation of state employees designated managerial or  confidential;  and
   to repeal certain provisions of such law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 204 of the civil service law is amended by adding a
 new subdivision 4 to read as follows:
   4. FOR PURPOSES OF THIS ARTICLE AND THE PUBLIC OFFICERS LAW, ORGANIZA-
 TIONS OF STATE EMPLOYEES DESIGNATED MANAGERIAL OR CONFIDENTIAL  PURSUANT
 TO  THIS  ARTICLE  SHALL  BE  DEEMED AS CERTIFIED OR RECOGNIZED EMPLOYEE
 ORGANIZATIONS FOR PURPOSES OF EMPLOYEE  REPRESENTATION  IN  ALL  MATTERS
 WITH  THE  EXCEPTION  OF COLLECTIVE NEGOTIATION IN DETERMINING THE TERMS
 AND CONDITIONS OF  EMPLOYMENT.  THIS  RECOGNITION  IS  LIMITED  TO  SUCH
 EMPLOYEE ORGANIZATIONS INCORPORATED BEFORE NINETEEN HUNDRED EIGHTY.
   § 2. Section 214 of the civil service law is REPEALED.
   § 3. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06697-01-3



              

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3767--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M. of A. PHEFFER AMATO, EACHUS -- read once and referred
   to the Committee on  Governmental  Employees  --  recommitted  to  the
   Committee  on  Governmental Employees in accordance with Assembly Rule
   3, sec. 2 -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee

 AN ACT to amend the civil service law, in relation to employee represen-
   tation of state employees designated managerial or confidential
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 208 of the civil service law is amended by adding a
 new subdivision 4-a to read as follows:
   4-A. (A) WITHIN THIRTY DAYS OF A PUBLIC EMPLOYEE FIRST BEING  EMPLOYED
 OR  REEMPLOYED  BY  A  PUBLIC  EMPLOYER,  OR WITHIN THIRTY DAYS OF BEING
 PROMOTED OR TRANSFERRED WITHIN THE EXISTING EMPLOYING AGENCY  OR  A  NEW
 EMPLOYING  AGENCY,  THE  PUBLIC  EMPLOYER  SHALL NOTIFY ANY ORGANIZATION
 INCORPORATED PRIOR TO NINETEEN HUNDRED EIGHTY THAT EXCLUSIVELY ADVOCATES
 FOR PUBLIC EMPLOYEES COVERED UNDER SECTION TWO HUNDRED FOURTEEN OF  THIS
 ARTICLE, WITH THE EXCEPTION OF COLLECTIVE NEGOTIATION, OF THE EMPLOYEE'S
 NAME,  ADDRESS, JOB TITLE, EMPLOYING AGENCY, DEPARTMENT OR OTHER OPERAT-
 ING UNIT, AND WORK LOCATION; AND
   (B) WITHIN THIRTY DAYS OF PROVIDING NOTICE IN PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  A  PUBLIC  EMPLOYER SHALL ALLOW A DULY APPOINTED REPRESEN-
 TATIVE OF ANY ORGANIZATION INCORPORATED PRIOR TO NINETEEN HUNDRED EIGHTY
 THAT EXCLUSIVELY ADVOCATES FOR PUBLIC EMPLOYEES  COVERED  UNDER  SECTION
 TWO  HUNDRED  FOURTEEN OF THIS ARTICLE, WITH THE EXCEPTION OF COLLECTIVE
 NEGOTIATION, TO MEET WITH SUCH EMPLOYEE FOR A REASONABLE AMOUNT OF  TIME
 DURING  HIS  OR  HER  WORK  TIME WITHOUT CHARGE TO LEAVE CREDITS, UNLESS
 OTHERWISE SPECIFIED WITHIN AN EXISTING AGREEMENT,  POLICY  OR  PROCEDURE
 CURRENTLY  EXISTING  FOR  PUBLIC  EMPLOYEES    COVERED UNDER SECTION TWO
 HUNDRED FOURTEEN OF THIS ARTICLE, PROVIDED, HOWEVER, THAT  THE  ARRANGE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06697-03-4
 A. 3767--A                          2
              

 
 MENTS  FOR  SUCH MEETING MUST BE SCHEDULED IN CONSULTATION WITH A DESIG-
 NATED REPRESENTATIVE OF THE PUBLIC EMPLOYER; AND
   (C)  UPON  THE REQUEST OF ANY ORGANIZATION INCORPORATED PRIOR TO NINE-
 TEEN HUNDRED EIGHTY THAT  EXCLUSIVELY  ADVOCATES  FOR  PUBLIC  EMPLOYEES
 COVERED  UNDER  SECTION  TWO  HUNDRED FOURTEEN OF THIS ARTICLE, WITH THE
 EXCEPTION OF COLLECTIVE NEGOTIATION, AND IF THE PUBLIC EMPLOYER CONDUCTS
 NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER SHALL PROVIDE ANY  ORGAN-
 IZATION  INCORPORATED  PRIOR TO NINETEEN HUNDRED EIGHTY THAT EXCLUSIVELY
 ADVOCATES FOR PUBLIC EMPLOYEES COVERED UNDER SECTION TWO  HUNDRED  FOUR-
 TEEN  OF  THIS  ARTICLE,  WITH  THE EXCEPTION OF COLLECTIVE NEGOTIATION,
 MANDATORY ACCESS TO SUCH NEW EMPLOYEE  ORIENTATIONS.  SUCH  ORGANIZATION
 SHALL  RECEIVE  NOT  LESS  THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN-
 TATION, EXCEPT THAT A SHORTER NOTICE  MAY  BE  PROVIDED  IN  A  SPECIFIC
 INSTANCE  WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER-
 ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH  NOTICE.  THE
 STRUCTURE,  TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE
 DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN SUCH  ORGANIZATION  AND  THE
 EMPLOYER.
   § 2. This act shall take effect immediately.