BILL NUMBER: S12

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the rights of
public employees related to suspension or demotion upon the abolition or
reduction of positions

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to ensure section 80 of the civil
service law does not supersede collective bargaining agreements.

 
SUMMARY OF PROVISIONS:

Section 1: Amends § 80 of the Civil Service Law by adding a new
subsection 10 to prevent section 80 from superseding collective bargain-
ing agreements that provide layoff rights that exceed what is authorized
in section 80.

Section 2: Provides that the act shall take effect immediately.
              

 
JUSTIFICATION:

Prior to Chapter 676 of the Laws of 2023, non-competitive and labor
class employees in local governments and school districts did not have
any layoff rights under the law. Due to this, some school districts and
municipalities had negotiated layoff procedures in collective bargaining
agreements with employee organizations to provide such rights. However,
the New York State Department of Civil Service has interpreted Chapter
676 of the Laws of 2023 as superseding these collective bargaining
agreements, even when the language exceeds what is required by section
80.

This legislation would ensure that section 80 is the floor for layoff
rights, not the ceiling, and would allow employers and unions t o nego-
tiate layoff rights that exceed what is in law.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.