Bill Text: NY A05408 | 2019-2020 | General Assembly | Introduced

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Bill Title: Removes the requirement that a public employer continue terms of an expired agreement until a new agreement is negotiated with an employee organization.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental employees [A05408 Detail]

Download: New_York-2019-A05408-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5408
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
          A.  MANKTELOW  --  read  once and referred to the Committee on Govern-
          mental Employees
        AN ACT to amend the civil service  law,  in  relation  to  removing  the
          requirement that a public employer continue terms of an expired agree-
          ment until a new agreement is negotiated with an employee organization
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 209-a of the civil service law, as
     2  amended by chapter 244 of the laws  of  2007,  is  amended  to  read  as
     3  follows:
     4    1. Improper employer practices. It shall be an improper practice for a
     5  public  employer  or  its  agents  deliberately  (a)  to interfere with,
     6  restrain or coerce public employees in  the  exercise  of  their  rights
     7  guaranteed in section two hundred two of this article for the purpose of
     8  depriving  them  of  such  rights; (b) to dominate or interfere with the
     9  formation or administration of any employee organization for the purpose
    10  of depriving them of  such  rights;  (c)  to  discriminate  against  any
    11  employee  for  the purpose of encouraging or discouraging membership in,
    12  or participation in the activities of, any employee organization; (d) to
    13  refuse to negotiate in good faith with the duly recognized or  certified
    14  representatives  of its public employees; (e) [to refuse to continue all
    15  the terms of an expired agreement until a new agreement  is  negotiated,
    16  unless the employee organization which is a party to such agreement has,
    17  during  such  negotiations  or  prior to such resolution of such negoti-
    18  ations, engaged in conduct violative of subdivision one of  section  two
    19  hundred  ten  of this article; (f)] to utilize any state funds appropri-
    20  ated for any purpose to train managers, supervisors or other administra-
    21  tive personnel regarding methods to discourage union organization or  to
    22  discourage  an  employee from participating in a union organizing drive;
    23  or [(g)] (f) to fail to permit or refuse to afford a public employee the
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05728-01-9
        A. 5408                             2
     1  right, upon the employee's demand, to representation by a representative
     2  of the employee organization, or  the  designee  of  such  organization,
     3  which  has  been  certified or recognized under this article when at the
     4  time  of  questioning  by  the  employer  of such employee it reasonably
     5  appears that he or she may be the subject of  a  potential  disciplinary
     6  action.  If representation is requested, and the employee is a potential
     7  target of disciplinary action at the time of questioning,  a  reasonable
     8  period  of  time shall be afforded to the employee to obtain such repre-
     9  sentation. It shall be an affirmative defense to any  improper  practice
    10  charge  under  paragraph [(g)] (f) of this subdivision that the employee
    11  has the right, pursuant to statute, interest arbitration award,  collec-
    12  tively negotiated agreement, policy or practice, to present to a hearing
    13  officer  or  arbitrator  evidence  of  the employer's failure to provide
    14  representation and to obtain exclusion of the  resulting  evidence  upon
    15  demonstration  of  such  failure. Nothing in this section shall grant an
    16  employee any right to representation by the representative of an employ-
    17  ee organization in any criminal investigation.
    18    § 2. This act shall take effect immediately.