BILL NUMBER:A10019

TITLE  OF  BILL:   An act to amend the civil service law, in relation to
exclusivity of relief for strike violations

PURPOSE OR GENERAL IDEA OF BILL: Clarifies that the prohibition  against
strike  activity  and the imposition of penalties for violations thereof
are exclusively labor relations matters for PERB.

SUMMARY OF SPECIFIC PROVISIONS: This bill adds a new  Section  211-a  to
the  Civil  Service  Law  (Taylor Law) to provide that the provisions of
Sections 201 and 211 shall provide the sole and exclusive  remedies  for
any violations of Section 201.1.

JUSTIFICATION:  The current provisions of the Taylor Law (Section 200 et
seq.  Civil  Service Law) establish three separate sets of penalties and
procedure for imposition of those penalties for violations of the  stat-
ute's prohibition against engaging in, causing, instigating, encouraging
or condoning a strike. (CSL §210.1). The three sets of penalties are:

*the  issuance  of  injunctive  relief  against prohibited conduct (with
attendant contempt penalties,. including  fines  and  imprisonment,  for
violations of injunctive relief orders);

*loss  of  two  days' pay for any day (or part thereof) during which any
activity deemed to be a strike takes place; and,
              

*loss to the employee organization representing  striking  employees  of
dues  check-off  (payment of dues and agency fees via payroll deduction)
for a designated period of time.

The procedures for the imposition of all these penalties are exclusively
the responsibility of either the employer of the  striking  organization
of the NYS Public Employee Relations Board (PERB).

The foregoing penalties have proven to be highly effective in inhibiting
and all but eliminating strikes in the public sector in New York. Howev-
er,  in  recent years, efforts have been made by third parties (entities
not connected to the employer or the employee) to  interject  themselves
into  the  labor  relations  between the parties.   They have done so by
filing lawsuits seeking injunctive relief and punitive and  compensatory
damages  against  employee  organizations  and employees who threaten to
engage in strike activity against a different employer. In one instance,
a third party requested, and obtained, an injunction  which  included  a
schedule of fines for violations

By  any  individual  of  the injunction in the amount of $25,000 for the
first day, and doubling each day  thereafter  (i.e.,  $25,000,  $50,000,
$100,000  and  so on for each day of striking or any conduct which might
encourage striking). The penalty imposed by the injunction  against  any
employee  organization  was  $50,000 for the first day of any violation,
and doubling each day thereafter.

These draconian penalties, sought and obtained by parties not  connected
to  the labor relationship between the employer and employees subject to
the Taylor Law, far exceed the scope of  the  procedures  and  penalties
provided and permitted by the current statute.

This  amendment  would  make  clear  what  the framers of the Taylor Law
intended: that the prohibition against strike activity and  the  imposi-
tion  of  penalties  for  violations of the prohibition are properly and
exclusively labor relations  matters  to  be  addressed  by  the  public
employer  of  the employees involved and by PERB not by outsiders to the
process.

EFFECTIVE DATE: Immediately