NY State Senate Bill 2023-S2394B

Senate Bill S2394B

2023-2024 Legislative Session

Relates to employee representation of state employees designated managerial or confidential

download bill text pdf

Current Bill Status Via A3767 - Delivered to Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 15, 2024	delivered to governor
Jun 03, 2024	returned to assembly passed senate 3rd reading cal.1631 substituted for s2394b
Jun 03, 2024	substituted by a3767b ordered to third reading cal.1631 committee discharged and committed to rules
May 23, 2024	print number 2394b
May 23, 2024	amend and recommit to civil service and pensions
Mar 07, 2024	print number 2394a
Mar 07, 2024	amend (t) and recommit to civil service and pensions
Jan 03, 2024	referred to civil service and pensions
Jan 20, 2023	referred to civil service and pensions

Votes

- Jun 3, 2024 - Floor Vote
  A3767
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  Jun 3, 2024 - Rules Committee Vote
  S2394B
  
  17
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2024
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Griffo
      
      Lanza
      
      Ortt

Bill Amendments

Original

B (Active)

2023-S2394 - Details

See Assembly Version of this Bill:: A3767
Law Section:: Civil Service Law
Laws Affected:: Amd §208, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5726, A6541

2023-S2394 - Summary

Provides notification of employment or promotion of applicable employees to organizations of state employees designated managerial or confidential for purposes of employee representation in determining the terms and conditions of employment.

2023-S2394 - Sponsor Memo

                                 
BILL NUMBER: S2394

SPONSOR: JACKSON
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to provide that any state employee desig-
nated managerial or confidential receive certain protections comparable
to union-represented employees under the Taylor Law.

 
SUMMARY OF PROVISIONS:

Section 1 amends Section 204 of the Civil Service Law to provide that an
organization representing management/confidential (M/C) employees be
granted certain recognitions under Article 14 of Civil Service Law (also
known as the Taylor Law).

Section 2 repeals Section 214 of the Civil Service law which prohibits
M/Cs from holding membership in an organization seeking certification or
recognition under the Taylor Law.

Section 3 is the effective date.

 
JUSTIFICATION:

The rights and privileges afforded recognized and certified employee
organizations under Article 14 of the NYS Civil Service Law are consid-
erable. While Article 14, also known as the Public Employees Fair
Employment Act or the Taylor Law, specifically excludes employees desig-
nated as either "managerial" or "confidential" from organizing for
purposes of collective negotiations, such employees have formed volun-
tary associations to mutually address workplace issues, defend employee
rights, and offer group benefit programs. For managerial or confidential
employees of the state of New York, the Organization of New York State
Management Confidential Employees (OMCE) has been the sole association
for more than 40 years. OMCE works with the Governor's Office of Employ-
ee Relations (GOER) to ensure that managerial or confidential employees
have a voice in state government and are treated no worse than their
union-represented coworkers.

In seeking treatment comparable to that of "recognized and certified"
employee organizations with the express exclusion of collective negoti-
ations, the legislation seeks to formalize the existing relationship
that OMCE enjoys with New York State. This tòitl would allow OMCE to
continue to collect certain membership information and receive automatic
payroll dues deductions while also allowing them to obtain addresses and
contact information for new employees, access to employees during orien-
tation, distribute organizational materials at the worksite, and meet
with members during the work day for purposes of representation in
administrative matters. In other words, this bill helps provide some
parity between the widely enjoyed rights of unionized state employees
and M/Cs. This bill will allow this critical employee organization to
more effectively represent the needs and interests of non-unionized

employees who nonetheless should be subject to some protections and
privileges under the Taylor Law.

 
LEGISLATIVE HISTORY:

2021-2022: S.5726 - Referred to Civil Service and Pensions/A.6541 -
Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2394 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2394
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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

2023-S2394A - Details

See Assembly Version of this Bill:: A3767
Law Section:: Civil Service Law
Laws Affected:: Amd §208, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5726, A6541

2023-S2394A - Summary

2023-S2394A - Sponsor Memo

                                 
BILL NUMBER: S2394A

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to employee represen-
tation of state employees designated managerial or confidential

 
PURPOSE:

The purpose of this bill is to provide an organization that advocates
for state employees designated managerial or confidential certain
contact information for new hires and for those promoted or transferred
within state employment.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 208 of the Civil Service Law by adding new
subdivision 4-a to provide that an organization advocating for manageri-
al or confidential(M/C) employees be notified, by the employer, of
pertinent contact information for newly hired, promoted and transferred
M/C employees within thirty days; allows, within thirty days, for an

organization advocating for M/Cs to meet with such employees; provides
the ability of organizations advocating for MICs to attend employee
orientations.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2018, New York State amended the Civil Service Law to require public
employers to notify and provide employee organizations certain informa-
tion for newly hired, promoted and transferred employees, as well as the
ability of the employee organizations to meet with such employees and
attend employee orientations. This bill would expand the current law to
include M/C employees and organizations that advocate for M/Cs.

 
LEGISLATIVE HISTORY:

2021-2022: S.5726 - Referred to Civil Service and Pensions/A.6541 -
Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:  None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2394A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2394--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 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.
                                                            LBD06697-02-4

 S. 2394--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.

2023-S2394B (ACTIVE) - Details

See Assembly Version of this Bill:: A3767
Law Section:: Civil Service Law
Laws Affected:: Amd §208, Civ Serv L
Versions Introduced in 2021-2022 Legislative Session:: S5726, A6541

2023-S2394B (ACTIVE) - Summary

2023-S2394B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2394B

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to employee represen-
tation of state employees designated managerial or confidential

 
PURPOSE:

The purpose of this bill is to provide an organization that advocates
for state employees designated managerial or confidential certain
contact information for new hires and for those promoted or transferred
within state employment.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 208 of the Civil Service Law by adding new
subdivision 4-a to provide that an organization advocating for manageri-
al or confidential(M/C) employees be notified, by the employer, of
pertinent contact information for newly hired, promoted and transferred
M/C employees within thirty days; allows, within thirty days, for an

organization advocating for M/Cs to meet with such employees; provides
the ability of organizations advocating for MICs to attend employee
orientations.

Section 2 is the effective date.

 
JUSTIFICATION:

In 2018, New York State amended the Civil Service Law to require public
employers to notify and provide employee organizations certain informa-
tion for newly hired, promoted and transferred employees, as well as the
ability of the employee organizations to meet with such employees and
attend employee orientations. This bill would expand the current law to
include M/C employees and organizations that advocate for M/Cs.

 
LEGISLATIVE HISTORY:

2021-2022: S.5726 - Referred to Civil Service and Pensions/A.6541
Referred to Governmental Employees

 
STATE AND LOCAL FISCAL IMPLICATIONS:

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S2394B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2394--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  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 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
 AN EXISTING AGREEMENT, POLICY OR PROCEDURE CURRENTLY EXISTING FOR PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06697-05-4

 S. 2394--B                          2
 
 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.

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