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This entry was published on 2014-09-22
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SECTION 11
Authorization for wage freeze
Yonkers Financial Emergency Act 103/84 (YFA) CHAPTER 1984
§ 11. Authorization for wage freeze. 1. Upon a finding by the board
that a wage freeze is essential to the adoption or maintenance of a city
budget that is in compliance with this act, the board, after enactment
of a resolution so finding, may declare a fiscal crisis. Upon making
such a declaration, the board shall be empowered to order that all
increases in salary or wages of employees of the city and employees of
covered organizations which will take effect after the date of the order
pursuant to collective bargaining agreements or other analogous
contracts, now in existence or hereafter entered into, requiring such
salary increases as of any date thereafter are suspended. Such order may
also provide that all increased payments for holiday and vacation
differentials, shift differentials, salary adjustments according to plan
and step-ups or increments for employees of the city and employees of
covered organizations which will take effect after the date of the order
pursuant to collective bargaining agreements or other analogous
contracts requiring such increased payments as of any date thereafter
are, in the same manner, suspended. For the purposes of computing the
pension base of retirement allowances, any suspended salary or wage
increases and any suspended other payments shall not be considered as
part of compensation or final compensation or of annual salary earned or
earnable. The suspensions authorized hereunder shall continue until one
year after the date of the order and, to the extent of any determination
of the board that a continuation of such suspensions, to a date
specified by the board, is necessary in order to achieve the objectives
of the financial plan, such suspensions shall be continued to the date
specified by such board, which date shall in no event be later than the
end of the emergency period, provided that such suspensions shall
terminate with respect to employees who have agreed to a deferral of
salary or wage increase upon the certification of the agreement by the
board pursuant to subdivision two of this section.

2. This section shall not be applicable to employees of the city or
employees of a covered organization covered by a collective bargaining
agreement or an employee of the city or a covered organization not
covered by a collective bargaining agreement where the collective
bargaining representative or such unrepresented employee has agreed to a
deferment of salary or wage increase, by an instrument in writing which
has been certified by the board as being an acceptable and appropriate
contribution toward alleviating the fiscal crisis of the city. Any such
agreement to a deferment of salary or wage increase may provide that for
the purposes of computing the pension base of retirement allowances, any
deferred salary or wage increase may be considered as part of
compensation or final compensation or of annual salary earned or
earnable.

3. The board may, if it finds that the fiscal crisis has been
sufficiently alleviated or for any other appropriate reason, direct that
the suspensions of salary or wage increases or suspensions of other
increased payments or benefits shall, in whole or in part, be
terminated.