NY State Senate Bill 2025-S938

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to civil service and pensions

2025-S938 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §210, rpld §211, Civ Serv L; rpld §751 sub 2, Judy L

2025-S938 (ACTIVE) - Summary

Relates to the right of public employees and employee organizations to strike; repeals certain provisions relating thereto.

2025-S938 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S938

SPONSOR: BRISPORT
 
TITLE OF BILL:

An act to amend the civil service law, in relation to the rights of
public employees and employee organizations to strike; and to repeal
certain provisions of the civil service law and the judiciary law relat-
ing thereto

 
SUMMARY OF PROVISIONS::

Section one amends section two hundred ten of the civil service law to:

1. Eliminate the prohibition against "causing," "instigating," "encour-
aging," and "condoning" a strike. These specific prohibitions raise free
speech concerns and are unacceptably vague;

2. Clarify that additional discipline against an employee, or removal,
for participating in a prohibited strike shall be according to, and not
exceeding, those provisions already provided for by law.

3. Eliminate the presumption that employees have participated in a

strike if they are absent from their employment on a day on which a
strike has occurred;

4. Clarify that continuing to negotiate with an employee organization
for the purposes of ratifying a collective bargaining agreement, failing
to seek applicable penalties, or reaching a settlement of any kind shall
not be construed as any form of consent to a strike.

5. Reduce the financial penalty for employees who participated in a
strike to an equivalent of pay lost for days not worked;

6. Repeal the requirement that employees accused of participating in a
strike respond to such accusation by means of a sworn affidavit contain-
ing documentary evidence;

7. Shift the burden of proof from the employee to the employer in prov-
ing that an employee participated in a strike;

8. Eliminate the employer's discretion in making an initial determi-
nation as to whether an employee's objection to an accusation of partic-
ipating in a strike is substantiated or denied, and require that an
independent hearing officer make such determination;

9. Repeal the loss of dues deductions as a penalty applying to employee
organizations that have authorized a strike;

10. Repeal the requirement of the Public Employment Relations Board to
initiate proceedings on its own motion against an employee organization
for authorizing a strike;

11. Make the pursuit of applicable penalties optional, as opposed to
mandatory, for a public employer or its officers;

12. Eliminate the obligation for employee organizations to proactively
end a strike by their members;

13. Reduce all penalties that may be levied against an employee organ-
ization for authorizing a strike to a fine of $50 per day;

14. Clarify that penalties for violations of the law prohibiting strikes
are available exclusively through section 210, and additional penalties,
including incarceration, or fines secured through contempt proceedings,
shall not be imposed, nor shall employees be ordered back to work by
court order;

15. Remove the disclosure of employees' names and their degrees of vary-
ing responsibility from public reports required to be made by the
employer in the aftermath of any strike;

16. Make various technical amendments, including relettering paragraphs,
incorporating gender-neutral language, and cleaning up subdivision head-
ings.

Section two repeals section two hundred eleven of the civil service law,
which requires that public employers and their officers immediately seek
an injunction in court against any strike, and to seek to hold an
employee organization or employees in contempt of court for any failure
to comply with such injunction.

Section three repeals subdivision two of section seven hundred fifty one
of the judiciary law, which allows a court to levy various penalties
against an employee organization for authorizing a strike, and specifies
the nature of penalties that can be applied if a union is found in
contempt of court.

Section four is the effective date.

 
JUSTIFICATION:

Public sector employees in New York are prohibited from striking pursu-
ant to section two hundred ten of article fourteen of the civil service
law, colloquially known as the Taylor Law, which has been in place since
the late 1960s.

Yet in addition to this unjust prohibition, the law imposes draconian
and excessive penalties against both public sector employees and public
sector unions for engaging in or supporting any kind of prohibited labor
action. These can include millions of dollars in fines and months of
lost dues for the union, jail time, and disciplinary and financial
penalties for employees. These repressive and unfair penalties are
contrary to the principles of any society that supports the rights of
organized labor and reduce the likelihood that public sector employers
negotiate in a fair and timely manner.  They should be reduced accord-
ingly.

 
PRIOR LEGISLATIVE HISTORY::

2023-24: A9376

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None.

 
EFFECTIVE DATE::
This act shall take effect immediately.

2025-S938 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    938
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sen. BRISPORT -- 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  the  rights  of
   public  employees  and employee organizations to strike; and to repeal
   certain provisions of the civil service  law  and  the  judiciary  law
   relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 2, 3 and 4 of  section  210  of  the  civil
 service law, as amended by chapter 24 of the laws of 1969, paragraph (f)
 of  subdivision  2  and  paragraph  (a)  of subdivision 3 as amended and
 subdivision 4 as renumbered by chapter 503 of the laws  of  1971,  para-
 graph  (f)  of subdivision 2 as relettered and paragraphs (e) and (g) of
 subdivision 2 as amended by chapter 254 of the laws of 1983,  and  para-
 graphs  (f)  and  (g)  of subdivision 3 as amended by chapter 677 of the
 laws of 1977, are amended to read as follows:
   1. No public employee or  employee  organization  shall  engage  in  a
 strike[,  and  no  public employee or employee organization shall cause,
 instigate, encourage, or condone a strike].
   2.  Violations  and  penalties;  [presumption;]  prohibition   against
 consent   to   strike;   determination;   notice;   [probation;  payroll
 deductions;] objections; and restoration. (a) Violations and  penalties.
 A public employee shall violate this subdivision by engaging in a strike
 or violating paragraph [(c)] (B) of this subdivision and shall be liable
 as  provided  in  this  subdivision pursuant to the procedures contained
 herein. In addition, any public employee who violates subdivision one of
 this section may be subject to [removal or]  other  disciplinary  action
 provided by law [for misconduct].
   (b)  [Presumption. For purposes of this subdivision an employee who is
 absent from work without permission, or who abstains wholly or  in  part

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01572-01-5
 S. 938                              2

 from  the  full  performance  of his duties in his normal manner without
 permission, on the date or dates when a strike occurs, shall be presumed
 to have engaged in such strike on such date or dates.
   (c)]  Prohibition  against  consent to strike. No person exercising on
 behalf of any public employer any authority,  supervision  or  direction
 over  any  public  employee  shall have the power to authorize, approve,
 condone or consent to a strike, or the engaging in a strike, by  one  or
 more  public  employees,  and  such person shall not authorize, approve,
 condone or consent to such strike or engagement.  NOTHING IN THIS  PARA-
 GRAPH,  HOWEVER, SHALL BE CONSTRUED TO PROHIBIT ANY PUBLIC EMPLOYER FROM
 NEGOTIATING OR ENTERING INTO AN AGREEMENT WITH AN EMPLOYEE ORGANIZATION,
 NOR SHALL A PUBLIC EMPLOYER'S FAILURE TO PURSUE ADVERSE  ACTION  AGAINST
 AN  EMPLOYEE  ORGANIZATION OR PUBLIC EMPLOYEE IN RESPONSE TO A STRIKE BE
 CONSTRUED AS A VIOLATION OF THIS PARAGRAPH.
   [(d)] (C) Determination. In the event that it appears that a violation
 of this subdivision may have occurred, the chief  executive  officer  of
 the  government involved [shall] MAY, on the basis of such investigation
 and affidavits as [he] SUCH CHIEF EXECUTIVE OFFICER may  deem  appropri-
 ate,  determine  whether or not such violation has occurred and the date
 or dates of such violation. If the chief  executive  officer  determines
 that  such violation has occurred, [he shall] SUCH CHIEF EXECUTIVE OFFI-
 CER MAY further determine, on the basis of  such  further  investigation
 and  affidavits  as [he] SUCH CHIEF EXECUTIVE OFFICER may deem appropri-
 ate, the names of employees who committed such violation and the date or
 dates thereof. Such determination shall not be deemed to be final  until
 the completion of the procedures provided for in this subdivision.
   [(e)]  (D)  Notice. The chief executive officer shall forthwith notify
 each employee that [he] SUCH EMPLOYEE has been found to  have  committed
 such  violation,  the date or dates thereof and of [his] SUCH EMPLOYEE'S
 right to object to such determination pursuant to paragraph [(g)] (E) of
 this subdivision; [he] SUCH CHIEF EXECUTIVE OFFICER  shall  also  notify
 the  chief  fiscal officer of the names of all such employees and of the
 total number of days, or part thereof, on which it has  been  determined
 that  such  violation  occurred.  Notice  to  each  employee shall be by
 personal service or by certified mail to [his] THE last address filed by
 [him] SUCH EMPLOYEE with [his] THE employer.
   [(f) Payroll deductions. Not earlier than thirty nor later than ninety
 days following the date of such determination, the chief fiscal  officer
 of  the  government  involved shall deduct from the compensation of each
 such public employee an amount equal to twice his daily rate of pay  for
 each  day  or  part  thereof that it was determined that he had violated
 this subdivision; such rate of pay to be computed as of the time of such
 violation. In computing such deduction,  credit  shall  be  allowed  for
 amounts already withheld from such employee's compensation on account of
 his  absence  from  work or other withholding of services on such day or
 days. In computing the aforesaid thirty to ninety  day  period  of  time
 following  the  determination of a violation pursuant to subdivision (d)
 of paragraph two of this section and where the employee's annual compen-
 sation is paid over a period of time which is less than fifty-two weeks,
 that period of time between the last day of the last payroll  period  of
 the employment term in which the violation occurred and the first day of
 the first payroll period of the next succeeding employment term shall be
 disregarded and not counted.
   (g)]  (E)  Objections and restoration. Any employee determined to have
 violated this subdivision may object to  such  determination  by  filing
 with  the  chief  executive  officer, (within twenty days of the date on
 S. 938                              3
 
 which notice was served or mailed to [him]  SUCH  EMPLOYEE  pursuant  to
 paragraph [(e)] (D) of this subdivision) [his sworn affidavit, supported
 by  available documentary proof, containing] a short and plain statement
 [of  the facts upon which he relies to show] that such determination was
 incorrect. [Such affidavit shall be subject to the penalties of perjury.
 If the chief executive officer shall determine that  the  affidavit  and
 supporting  proof  establishes  that  the  employee did not violate this
 subdivision, he shall sustain the  objection.  If  the  chief  executive
 officer shall determine that the affidavit and supporting proof fails to
 establish  that  the employee did not violate this subdivision, he shall
 dismiss the objection and so notify the employee. If]  UPON  RECEIPT  OF
 SUCH  STATEMENT,  the  chief executive officer [shall determine that the
 affidavit and supporting proof raises  a  question  of  fact  which,  if
 resolved in favor of the employee, would establish that the employee did
 not violate this subdivision, he shall] MAY appoint a hearing officer to
 determine  whether  in  fact  the  employee did violate this subdivision
 after a hearing at which such [employee] EMPLOYEE'S EMPLOYER shall  bear
 the  burden  of  proof.  If the hearing officer shall determine that the
 [employee failed to  establish]  EMPLOYER  ESTABLISHED  that  [he]  SUCH
 EMPLOYEE did [not] violate this subdivision, the chief executive officer
 shall  so  notify the employee.  If the chief executive officer sustains
 an objection or the hearing officer determines on a preponderance of the
 evidence that such EMPLOYER FAILED TO ESTABLISH THAT SUCH employee  [did
 not  violate]  VIOLATED  this  subdivision,  the chief executive officer
 shall forthwith notify the chief  fiscal  officer  who  shall  thereupon
 cease  all  further deductions and refund any deductions previously made
 pursuant to this [subdivision] SECTION.  The determinations provided  in
 this  paragraph shall be reviewable pursuant to article seventy-eight of
 the civil practice law and rules.
   3. (a) [An employee organization which is determined by the  board  to
 have  violated  the provisions of subdivision one of this section shall,
 in accordance with the provisions  of  this  section,  lose  the  rights
 granted  pursuant  to the provisions of paragraph (b) of subdivision one
 of section two hundred eight of this chapter.
   (b)] In the event that it appears that a violation of subdivision  one
 of  this  section may have occurred, [it shall be the duty of] the chief
 executive officer of the public employer involved MAY (i) [forthwith  to
 so]  notify  the  board  and  the  chief legal officer of the government
 involved, and (ii) [to] provide the board and such chief  legal  officer
 with  such  facilities, assistance and data as will enable the board and
 such chief legal officer to carry out their duties under this section.
   [(c)] (B) In the event that it appears that a violation of subdivision
 one of this section may have occurred, the chief legal  officer  of  the
 government  involved[,  or the board on its own motion, shall forthwith]
 MAY institute proceedings before the board  to  determine  whether  such
 employee  organization has violated the provisions of subdivision one of
 this section.
   [(d)] (C) Proceedings against  an  employee  organization  under  this
 section  shall  be  commenced  by  service  upon it of a written notice,
 together with a copy of the charges. A copy of such notice  and  charges
 shall  also  be  served,  for  their  information,  upon the appropriate
 government officials who recognize such employee organization and  grant
 to  it  the rights accompanying such recognition. The employee organiza-
 tion shall have eight days within which to serve its written  answer  to
 such  charges. The board's hearing shall be held promptly thereafter and
 at such hearing, the parties shall be permitted  to  be  represented  by
 S. 938                              4
 
 counsel  and  to  summon  witnesses in their behalf. Compliance with the
 technical rules of evidence shall not be required.
   [(e)] (D) In determining whether an employee organization has violated
 subdivision  one  of  this  section, the board shall consider [(i)] ONLY
 whether the employee organization called the strike [or tried to prevent
 it, and (ii) whether the employee organization made or was  making  good
 faith efforts to terminate the strike].
   [(f)]  (E)  If  the board determines that an employee organization has
 violated the provisions of subdivision one of this  section,  the  board
 shall order [forfeiture of the rights granted pursuant to the provisions
 of  paragraph  (b)  of subdivision one, and subdivision three of section
 two hundred eight of this chapter, for such specified period of time  as
 the  board  shall  determine, or, in the discretion of the board, for an
 indefinite period of time subject to restoration upon application,  with
 notice  to  all  interested  parties,  supported  by proof of good faith
 compliance with the requirements of  subdivision  one  of  this  section
 since  the  date  of such violation, such proof to include, for example,
 the successful negotiation, without a violation of  subdivision  one  of
 this  section, of a contract covering the employees in the unit affected
 by such violation; provided, however, that where a fine  imposed  on  an
 employee  organization  pursuant  to  subdivision  two  of section seven
 hundred fifty-one of the judiciary law remains wholly or partly  unpaid,
 after  the  exhaustion of the cash and securities of the employee organ-
 ization, the board shall direct that, notwithstanding  such  forfeiture,
 such  membership  dues deduction shall be continued to the extent neces-
 sary to pay such fine and  such  public  employer  shall  transmit  such
 moneys to the court. In fixing the duration of the forfeiture, the board
 shall  consider  all the relevant facts and circumstances, including but
 not limited to: (i) the extent of any wilful defiance of subdivision one
 of this section (ii) the impact of the  strike  on  the  public  health,
 safety,  and  welfare of the community and (iii) the financial resources
 of the employee organization; and the board may consider (i) the refusal
 of the employee organization or the appropriate public employer  or  the
 representative  thereof,  to  submit  to  the mediation and fact-finding
 procedures provided in section two hundred nine and (ii) whether, if  so
 alleged by the employee organization, the appropriate public employer or
 its  representatives  engaged  in such acts of extreme provocation as to
 detract from the responsibility of the  employee  organization  for  the
 strike. In determining the financial resources of the employee organiza-
 tion,  the  board  shall consider both the income and the assets of such
 employee organization. In the event membership dues are collected by the
 public employer as provided in  paragraph  (b)  of  subdivision  one  of
 section two hundred eight of this chapter, the books and records of such
 public  employer  shall  be  prima  facie  evidence  of  the  amount  so
 collected.
   (g) An employee organization whose  rights  granted  pursuant  to  the
 provisions of paragraph (b) of subdivision one, and subdivision three of
 section  two  hundred  eight of this article have been ordered forfeited
 pursuant to this section may be granted such  rights  after  the  termi-
 nation  of  such  forfeiture only after complying with the provisions of
 clause (b) of subdivision three of section two  hundred  seven  of  this
 article] SUCH EMPLOYEE ORGANIZATION TO PAY A FINE OF NOT MORE THAN FIFTY
 DOLLARS PER DAY FOR THE DURATION OF THE STRIKE.
   [(h)]  (F)  No  compensation  shall  be paid by a public employer to a
 public employee with respect to  any  day  or  part  thereof  when  such
 employee  is engaged in a strike against such employer. The chief fiscal
 S. 938                              5
 
 officer of the government involved shall withhold such compensation upon
 receipt of the notice provided by paragraph [(e)] (D) of subdivision two
 of THIS section [two hundred ten]; notwithstanding the failure  to  have
 received  such  notice,  no  public employee or officer having knowledge
 that such employee has so engaged in such  a  strike  shall  deliver  or
 caused  to  be  delivered  to  such  employee any cash, check or payment
 which, in whole or in part, represents such compensation.
   (G) THE FOREGOING PENALTIES SHALL BE THE SOLE AND  EXCLUSIVE  REMEDIES
 AVAILABLE  FOR  ANY VIOLATION OF SUBDIVISION ONE OR TWO OF THIS SECTION.
 NO PUBLIC EMPLOYEE SHALL BE  COMPELLED  BY  ANY  LEGAL  ACTION  TO  WORK
 AGAINST SUCH EMPLOYEE'S WILL IN ANY MATTER ARISING OUT OF A VIOLATION OF
 SUBDIVISION  ONE  OR  TWO  OF  THIS SECTION. NO ADDITIONAL PENALTIES FOR
 VIOLATIONS OF SUBDIVISION ONE OR TWO OF THIS SECTION MAY BE  IMPOSED  BY
 COURT ORDER AGAINST AN EMPLOYEE ORGANIZATION OR PUBLIC EMPLOYEE, INCLUD-
 ING  BUT  NOT LIMITED TO INCARCERATION OR FINES SECURED THROUGH CONTEMPT
 PROCEEDINGS.
   4. Within sixty days of the termination of a strike, the chief  execu-
 tive  officer of the government involved shall prepare and make public a
 report in writing, which shall contain the  following  information:  (a)
 the  circumstances  surrounding  the commencement of the strike, (b) the
 efforts used to terminate the strike, AND (c) [the names of those public
 employees whom the public officer or body had  reason  to  believe  were
 responsible  for  causing, instigating or encouraging the strike and (d)
 related to the varying degrees of individual responsibility,] the  sanc-
 tions  imposed  [or  proceedings  pending  against  each such individual
 public employee].
   § 2. Section 211 of the civil service law is REPEALED.
   § 3. Subdivision 2 of section 751 of the judiciary law is REPEALED.
   § 4.  This act shall take effect immediately.

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Senate Bill S938

Sponsored By

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S938 (ACTIVE) - Details

2025-S938 (ACTIVE) - Summary

2025-S938 (ACTIVE) - Sponsor Memo

2025-S938 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S938

Share this bill

Sponsored By

Jabari Brisport

Current Bill Status - In Senate Committee Civil Service And Pensions Committee

2025-S938 (ACTIVE) - Details

2025-S938 (ACTIVE) - Summary

2025-S938 (ACTIVE) - Sponsor Memo

2025-S938 (ACTIVE) - Bill Text download pdf

Comments