Bill Text: NY S05778 | 2017-2018 | General Assembly | Amended
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
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. LBD11206-06-7S. 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.