senate Bill S7443

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 17 / May / 2012
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 04 / Jun / 2012
    • 1ST REPORT CAL.1015
  • 05 / Jun / 2012
    • 2ND REPORT CAL.
  • 06 / Jun / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • SUBSTITUTED BY A7780B

Summary

Relates to suspension or demotion upon abolition or reduction of positions for labor class titles; provides that an incumbent in titles in the labor class that have taken the exam and been promoted to the position of a permanent incumbent, who is suspended or displaced upon abolition or reduction in positions, shall displace incumbents serving in the next lower occupied title in the labor class.

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Bill Details

See Assembly Version of this Bill:
A7780B
Versions:
S7443
Legislative Cycle:
2011-2012
Law Section:
Civil Service Law
Laws Affected:
Amd ยง80, Civ Serv L

Votes

11
0
11
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Civil Service and Pensions committee vote details

Sponsor Memo

BILL NUMBER:S7443

TITLE OF BILL:
An act
to amend the civil service law, in relation to suspension or demotion
upon the abolition or reduction of positions for labor class titles

PURPOSE:
Provides employees in labor class positions at all levels of
state and local government bump and retreat rights within the
workforce.

SUMMARY OF PROVISIONS:
This bill amends subdivision 6 Section 80 to
provide bump and retreat rights for employees in labor class positions.

JUSTIFICATION:
This bill would provide labor class positions with the
same levels of protections with regard to bump and retreat rights as
the rest of the civil division within civil service. This bill would
level the playing field amongst all divisions of civil service and
provide equity and fairness amongst the civil service ranks.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7443

                            I N  S E N A T E

                              May 17, 2012
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

AN ACT to amend the civil service law,  in  relation  to  suspension  or
  demotion  upon the abolition or reduction of positions for labor class
  titles

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  6 of section 80 of the civil service law, as
added by chapter 283 of the laws of 1972 and renumbered by  chapter  360
of the laws of 1985, is amended to read as follows:
  6.  Displacement  in civil divisions. A permanent incumbent of a posi-
tion in a civil division in a specific title to which there is a  direct
line  of promotion, OR WHERE INCUMBENTS IN TITLES IN THE LABOR CLASS WHO
HAVE TAKEN THE EXAM AND BEEN PROMOTED TO THE  POSITION  OF  A  PERMANENT
INCUMBENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who  is
suspended or displaced pursuant to this section, together with all other
such incumbents suspended or displaced at the same time, shall displace,
in the inverse order of the order of suspension or  demotion  prescribed
in subdivisions one and two of this section, incumbents serving in posi-
tions  in  the  same  lay-off  unit  in the next lower occupied title in
direct line of promotion OR IN THE TITLE IN THE  LABOR  CLASS  IN  WHICH
INCUMBENTS  WERE  EXTENDED THE OPPORTUNITY TO TAKE THE PROMOTIONAL EXAM-
INATION FOR THE POSITION OF THE SUSPENDED OR DISPLACED PERMANENT  INCUM-
BENT  PURSUANT  TO  SECTION  FIFTY-TWO  OF  THIS  CHAPTER,  who shall be
displaced in the order of suspension or demotion prescribed in  subdivi-
sions  one and two of this section; provided, however, that no incumbent
shall displace any other incumbent having greater retention standing. If
a permanent incumbent of a position in a civil division is suspended  or
displaced  from a position in a title for which there are no lower level
occupied positions in direct line of promotion, he  shall  displace  the
incumbent  with  the  least retention right pursuant to subdivisions one
and two of this section who is serving in a position  in  the  title  in
which  the displacing incumbent last served [on a permanent basis] prior
to service in one or more positions  in  the  title  from  which  he  is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11533-04-1

S. 7443                             2

suspended  or displaced, if: (1) the service of the displacing incumbent
while in such former title was satisfactory and (2) the position of  the
junior  incumbent  is  in  (a)  the  competitive OR LABOR class, (b) the
layoff  unit  from  which  the  displacing  incumbent  was  suspended or
displaced, and (c) a lower salary grade than the position from which the
displacing incumbent is suspended or displaced; provided, however,  that
no incumbent shall displace any other incumbent having greater retention
standing. Refusal of appointment to a position afforded by this subdivi-
sion constitutes waiver of rights under this subdivision with respect to
the  suspension or displacement on account of which the refused appoint-
ment is afforded. The municipal civil service commission  shall  promul-
gate  rules  to  implement  this  subdivision  including rules which may
provide adjunctive opportunities for displacement either to positions in
direct line of promotion or to formerly held positions; provided, howev-
er, that no such rule shall permit an incumbent to  displace  any  other
incumbent  having greater retention standing. For the purpose of acquir-
ing preferred list rights, displacement pursuant to this subdivision  is
the  equivalent of suspension or demotion pursuant to subdivision one of
this section.
  S 2. This act shall take effect immediately.

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