Legislation
SECTION 212
Local government procedures
Civil Service (CVS) CHAPTER 7, ARTICLE 14
§ 212. Local government procedures. 1. This article, except sections
two hundred one, two hundred two, two hundred three, two hundred four,
paragraph b of subdivision four and paragraph d of subdivision five of
section two hundred five, paragraph b of subdivision three of section
two hundred seven, section two hundred eight, section two hundred
nine-a, subdivisions one and two of section two hundred ten, section two
hundred eleven, two hundred thirteen and two hundred fourteen, shall be
inapplicable to any government (other than the state or a state public
authority) which, acting through its legislative body, has adopted by
local law, ordinance or resolution, its own provisions and procedures
which have been submitted to the board by such government and as to
which there is in effect a determination by the board that such
provisions and procedures and the continuing implementation thereof are
substantially equivalent to the provisions and procedures set forth in
this article with respect to the state.
2. With respect to the city of New York, such provisions and
procedures need not be related to the end of its fiscal year; and with
respect to provisions and procedures adopted by local law by the city of
New York no such submission to or determination by the board shall be
required, but such provisions and procedures shall be of full force and
effect unless and until such provisions and procedures, or the
continuing implementation thereof, are found by a court of competent
jurisdiction, in an action brought by the board in the county of New
York for a declaratory judgment, not to be substantially equivalent to
the provisions and procedures set forth in this article.
3. Notwithstanding any other provision of law to the contrary, the
resolution of disputes in the course of collective negotiations as
provided by section two hundred nine of this article shall apply to any
organized fire department, police force, or police department of any
government and detective-investigators, or rackets investigators
employed in the office of a district attorney of a county subject to
either subdivision one or two of this section. Provided, however, that a
recognized or certified employee organization may elect to continue
dispute resolution procedures which existed on the day prior to the
effective date of this subdivision by notifying the appropriate public
employment relations board in writing.
two hundred one, two hundred two, two hundred three, two hundred four,
paragraph b of subdivision four and paragraph d of subdivision five of
section two hundred five, paragraph b of subdivision three of section
two hundred seven, section two hundred eight, section two hundred
nine-a, subdivisions one and two of section two hundred ten, section two
hundred eleven, two hundred thirteen and two hundred fourteen, shall be
inapplicable to any government (other than the state or a state public
authority) which, acting through its legislative body, has adopted by
local law, ordinance or resolution, its own provisions and procedures
which have been submitted to the board by such government and as to
which there is in effect a determination by the board that such
provisions and procedures and the continuing implementation thereof are
substantially equivalent to the provisions and procedures set forth in
this article with respect to the state.
2. With respect to the city of New York, such provisions and
procedures need not be related to the end of its fiscal year; and with
respect to provisions and procedures adopted by local law by the city of
New York no such submission to or determination by the board shall be
required, but such provisions and procedures shall be of full force and
effect unless and until such provisions and procedures, or the
continuing implementation thereof, are found by a court of competent
jurisdiction, in an action brought by the board in the county of New
York for a declaratory judgment, not to be substantially equivalent to
the provisions and procedures set forth in this article.
3. Notwithstanding any other provision of law to the contrary, the
resolution of disputes in the course of collective negotiations as
provided by section two hundred nine of this article shall apply to any
organized fire department, police force, or police department of any
government and detective-investigators, or rackets investigators
employed in the office of a district attorney of a county subject to
either subdivision one or two of this section. Provided, however, that a
recognized or certified employee organization may elect to continue
dispute resolution procedures which existed on the day prior to the
effective date of this subdivision by notifying the appropriate public
employment relations board in writing.