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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3767--B
 
                        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  --  recommitted to the
   Committee on Governmental Employees in accordance with  Assembly  Rule
   3,  sec.  2  --  again  reported  from said committee with amendments,
   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 WHO IS DESIGNATED AS
 MANAGERIAL OR CONFIDENTIAL PURSUANT TO SUBDIVISION SEVEN OF SECTION  TWO
 HUNDRED  ONE  OF  THIS  ARTICLE  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 AN ORGANIZATION THAT ADVOCATES FOR  MANAGE-
 RIAL  OR CONFIDENTIAL EMPLOYEES, AS SUCH EMPLOYEES ARE DESIGNATED PURSU-
 ANT TO SUBDIVISION SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE,  OF
 SUCH  EMPLOYEE'S  NAME, ADDRESS, JOB TITLE, EMPLOYING AGENCY, DEPARTMENT
 OR OTHER OPERATING 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 THE ORGANIZATION THAT ADVOCATES FOR MANAGERIAL OR CONFIDENTIAL
 EMPLOYEES, AS SUCH EMPLOYEES  ARE  DESIGNATED  PURSUANT  TO  SUBDIVISION
 SEVEN  OF  SECTION  TWO  HUNDRED  ONE OF THIS ARTICLE, TO MEET WITH SUCH
 EMPLOYEE FOR A REASONABLE AMOUNT OF TIME  DURING  SUCH  EMPLOYEE'S  WORK
 TIME  WITHOUT CHARGE TO LEAVE CREDITS, UNLESS OTHERWISE SPECIFIED WITHIN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06697-04-4
              

 A. 3767--B                          2
 
 AN EXISTING AGREEMENT, POLICY OR PROCEDURE CURRENTLY EXISTING FOR PUBLIC
 EMPLOYEES WHO  ARE  DESIGNATED  MANAGERIAL  OR  CONFIDENTIAL,  PROVIDED,
 HOWEVER,  THAT  THE  ARRANGEMENTS  FOR SUCH MEETING MUST BE SCHEDULED IN
 CONSULTATION  WITH  A  DESIGNATED REPRESENTATIVE OF THE PUBLIC EMPLOYER;
 AND
   (C) UPON THE REQUEST OF THE ORGANIZATION THAT ADVOCATES FOR MANAGERIAL
 OR CONFIDENTIAL EMPLOYEES, AS SUCH EMPLOYEES ARE DESIGNATED PURSUANT  TO
 SUBDIVISION SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE, AND IF THE
 PUBLIC  EMPLOYER CONDUCTS NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER
 SHALL PROVIDE AN ORGANIZATION THAT ADVOCATES FOR MANAGERIAL OR CONFIDEN-
 TIAL EMPLOYEES, AS SUCH EMPLOYEES ARE DESIGNATED PURSUANT TO SUBDIVISION
 SEVEN OF SECTION TWO HUNDRED ONE OF THIS ARTICLE,  MANDATORY  ACCESS  TO
 SUCH NEW EMPLOYEE ORIENTATIONS. SUCH ORGANIZATION SHALL RECEIVE NOT LESS
 THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIENTATION, EXCEPT THAT A SHORT-
 ER  NOTICE  MAY  BE  PROVIDED  IN  A SPECIFIC INSTANCE WHERE THERE IS AN
 URGENT NEED CRITICAL TO THE EMPLOYER'S OPERATIONS THAT WAS  NOT  REASON-
 ABLY 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.