Bill Text: NY S05778 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to membership dues in an employee organization and signed authorizations for deduction.

Spectrum: Partisan Bill (Democrat 23-1)

Status: (Introduced - Dead) 2018-06-20 - COMMITTED TO RULES [S05778 Detail]

Download: New_York-2017-S05778-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5778--A
            Cal. No. 1344
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 28, 2017
                                       ___________
        Introduced  by  Sens. ALCANTARA, SAVINO, KLEIN, PERALTA, HAMILTON, VALE-
          SKY, CARLUCCI, AVELLA, ADDABBO, BAILEY, COMRIE, GALLIVAN,  LATIMER  --
          read  twice  and  ordered printed, and when printed to be committed to
          the Committee on Civil Service and Pensions -- reported favorably from
          said committee, ordered to first and second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading
        AN ACT to amend the civil service law, in relation to membership dues in
          an employee organization and signed authorizations for deduction
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The civil service law is amended by adding  a  new  section
     2  159-d to read as follows:
     3    §  159-d.  Membership  dues;  signed  authorization.   1. (a) A public
     4  employer shall commence making  deductions  of  membership  dues  in  an
     5  employee  organization  pursuant  to a public employee's signed authori-
     6  zation as soon as practicable but in no  case  later  than  thirty  days
     7  after receiving proof of a signed authorization.
     8    (b)  Any membership dues in an employee organization deducted from the
     9  salary of a public employee shall be transmitted to the employee  organ-
    10  ization  as  soon  as  practicable but in no case later than thirty days
    11  after the salary from which it is deducted is paid to the employee.
    12    2. Within thirty days of a public  employee  first  being  paid  after
    13  being employed or reemployed by a public employer, or within thirty days
    14  of  being  promoted  or transferred to a new bargaining unit, the public
    15  employer shall:
    16    (a) notify the employee organization, if  any,  that  represents  that
    17  bargaining  unit  of the employee's name, job title, work location, work
    18  telephone number and hours of work; and
    19    (b) allow a duly appointed representative of the employee organization
    20  that represents that bargaining unit to meet with that  employee  during
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11206-06-7
        S. 5778--A                          2
     1  work  time,  unless  otherwise  specified  within an agreement bargained
     2  collectively under article fourteen of the civil service law.
     3    3. (a) Notwithstanding any other provision of law to the contrary, the
     4  period  of  time  that  an  authorization to deduct from the salary of a
     5  public employee an amount for the  payment  of  membership  dues  in  an
     6  employee organization shall remain in effect shall be the shorter of (i)
     7  that  set  forth  in  the  signed authorization, or (ii) as may be later
     8  determined by a court of competent jurisdiction to  be  constitutionally
     9  required or required by law.
    10    (b)  Notwithstanding  any  other provision of law to the contrary, the
    11  period of time that a public employee shall have to  withdraw  a  signed
    12  authorization to deduct from his or her salary an amount for the payment
    13  of membership dues in an employee organization prior to it being renewed
    14  shall  be  the longer of (i) that set forth in the signed authorization,
    15  or (ii) as may be later finally  determined  by  a  court  of  competent
    16  jurisdiction to be constitutionally required or required by law.
    17    4.  A  public  employer  shall accept a signed authorization to deduct
    18  from the salary of a public employee an amount for the payment of his or
    19  her membership dues in an employee organization in any format  permitted
    20  by article three of the state technology law.
    21    5.  Notwithstanding any other provision of law to the contrary, except
    22  as provided in subdivision three of this section,  any  signed  authori-
    23  zation  to deduct from the salary of a public employee an amount for the
    24  payment of membership dues in an employee organization may be  withdrawn
    25  by such employee only in accordance with the terms of the signed author-
    26  ization.
    27    6.   Notwithstanding any provision of article fourteen of this chapter
    28  to the contrary,  except  as  provided  in  subdivision  three  of  this
    29  section,  as  used  in  this  section,  the  terms "public employee" and
    30  "public employer" shall have the same meaning as set  forth  in  section
    31  two  hundred  one  of this chapter, and the term "employee organization"
    32  shall mean any employee organization, as that term is defined in section
    33  two hundred one of this chapter, that has been certified  or  recognized
    34  pursuant  to article fourteen of this chapter or other applicable law as
    35  the exclusive bargaining representative of public employees. Nothing  in
    36  this  section shall be construed to make the comptroller of the state of
    37  New York the public employer of any public employees except as set forth
    38  in section two hundred one of this chapter.
    39    7. (a) If any clause, sentence,  paragraph,  or  subdivision  of  this
    40  section  shall  be  adjudged  by a court of competent jurisdiction to be
    41  unconstitutional or otherwise invalid, such judgment shall  not  affect,
    42  impair or invalidate the remainder thereof, but shall be confined in its
    43  operation  to  the  clause,  sentence, paragraph, or subdivision of this
    44  section directly involved in the  controversy  in  which  such  judgment
    45  shall have been rendered.
    46    (b)  If  any clause, sentence, paragraph, or part of a signed authori-
    47  zation shall be adjudged by a court  of  competent  jurisdiction  to  be
    48  unconstitutional  or  otherwise  invalid,  such  determination shall not
    49  affect, impair or invalidate the remainder of such signed  authorization
    50  but  shall  be  confined in its operation to the clause, sentence, para-
    51  graph, or part of the signed  authorization  directly  involved  in  the
    52  controversy in which such judgment shall have been rendered.
    53    § 2. This act shall take effect immediately.