S T A T E O F N E W Y O R K
________________________________________________________________________
2339
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. McENENY, PHEFFER -- Multi-Sponsored by -- M. of
A. CLARK, COOK, GLICK, GOTTFRIED, JOHN, LATIMER, TOWNS -- read once
and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the effect of
deductions for excluded employee organizational dues and fair share
fee deductions use for employment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new article 15
to read as follows:
ARTICLE 15
MANAGEMENT/CONFIDENTIAL ORGANIZATIONAL ACT
SECTION 300. STATEMENT OF LEGISLATIVE INTENT.
301. DEFINITIONS.
302. RIGHT OF ORGANIZATION.
303. ELECTION OF EXCLUDED EMPLOYEE ORGANIZATION.
304. RIGHT OF REPRESENTATION.
305. RECOGNITION OF THE EXCLUDED EMPLOYEE ORGANIZATION.
306. MERIT SYSTEM.
307. RIGHTS OF THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION.
S 300. STATEMENT OF LEGISLATIVE INTENT. THE LEGISLATURE OF THE STATE
OF NEW YORK DECLARES THAT IT IS THE PUBLIC POLICY OF THE STATE AND THE
PURPOSE OF THIS ARTICLE TO PROMOTE THE EFFICIENT AND EFFECTIVE ADMINIS-
TRATION OF EMPLOYER DESIGNATED STATE PROGRAMS BY MAINTAINING HIGH MORALE
AND OBJECTIVE CONSIDERATION OF ISSUES RAISED BETWEEN EMPLOYEES DESIG-
NATED MANAGERIAL AND CONFIDENTIAL AND THE STATE. THE LEGISLATURE
BELIEVES THAT THE CONDUCT OF STATE BUSINESS BETWEEN MANAGERIAL AND
CONFIDENTIAL EMPLOYEES AND THE STATE IS BEST EFFECTUATED BY: (A) RECOG-
NIZING A DESIGNATED EMPLOYEE ORGANIZATION; (B) OPEN COMMUNICATION
BETWEEN THE STATE AS EMPLOYER AND AN OBJECTIVE EMPLOYEE ORGANIZATION
REPRESENTING MANAGERIAL AND CONFIDENTIAL EMPLOYEES REGARDING TERMS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00536-01-9
A. 2339 2
CONDITIONS OF EMPLOYMENT; (C) INFORMING SUCH EMPLOYEES OF THEIR RIGHTS
AND TERMS AND CONDITIONS OF EMPLOYMENT THROUGH THE DESIGNATED EMPLOYEE
ORGANIZATION; AND (D) PROVIDING CERTAIN BENEFITS FOR SUCH EMPLOYEES
THROUGH THE EMPLOYEE ORGANIZATION. THE INTENT OF THE LEGISLATURE IS NOT
TO REVISE, CHANGE OR MODIFY IN ANY WAY EXISTING REQUIREMENTS FOR SETTL-
ING STATE EMPLOYEE TITLE DISPUTES BETWEEN ORGANIZATIONS WHICH REPRESENT
EMPLOYEES AND AN ORGANIZATION AUTHORIZED UNDER THIS ARTICLE.
S 301. DEFINITIONS. AS USED IN THIS ARTICLE:
1. THE TERM "EXCLUDED EMPLOYEES" MEANS ALL EMPLOYEES OF THE STATE OF
NEW YORK DESIGNATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO SUBDIVISION
SEVEN OF SECTION TWO HUNDRED ONE OF THIS CHAPTER EXCLUDING THOSE EMPLOY-
EES PAID PURSUANT TO SECTION ONE HUNDRED SIXTY-NINE OF THE EXECUTIVE
LAW. SUCH EMPLOYEES SHALL NOT:
(A) HOLD ANY OFFICE IN AN EMPLOYEE ORGANIZATION THAT ALSO REPRESENTS
EMPLOYEES NOT COVERED BY THIS ARTICLE;
(B) PARTICIPATE IN THE HANDLING OF GRIEVANCES ON BEHALF OF EMPLOYEES
NOT COVERED BY THIS ARTICLE; AND
(C) PARTICIPATE IN ANY NEGOTIATION SESSION, INTERROGATIONS, OR DISCI-
PLINARY INTERVIEWS WITH THE EMPLOYER ON BEHALF OF EMPLOYEES NOT COVERED
BY THIS ARTICLE.
2. THE TERM "EXCLUDED EMPLOYEE ORGANIZATION" MEANS AN ORGANIZATION
THAT REPRESENTS EXCLUDED EMPLOYEES BEFORE THE STATE EMPLOYER TO MEET AND
CONFER REGARDING TERMS AND CONDITIONS OF EMPLOYMENT.
3. THE TERM "STATE EMPLOYER" OR "EMPLOYER" MEANS THE GOVERNOR OR HIS
OR HER DESIGNATED REPRESENTATIVE.
4. THE TERM "MEET AND CONFER" MEANS THE EMPLOYER SHALL FULLY CONSIDER
SUCH PRESENTATIONS MADE BY THE EXCLUDED EMPLOYEE ORGANIZATION ON BEHALF
OF ITS MEMBERS PRIOR TO ARRIVING AT A DETERMINATION OF ANY POLICY OR
COURSE OF ACTION WITH RESPECT TO SUCH EMPLOYEES.
5. THE TERM "TERMS AND CONDITIONS OF EMPLOYMENT" MEANS WAGES, SALA-
RIES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDED,
HOWEVER, THAT SUCH TERM SHALL NOT INCLUDE ANY BENEFITS PROVIDED BY OR TO
BE PROVIDED BY A PUBLIC RETIREMENT SYSTEM, OR PAYMENTS TO A FUND OR
INSURER TO PROVIDE AN INCOME FOR RETIREES, OR PAYMENTS TO RETIREES OR
THEIR BENEFICIARIES. NO RETIREMENT BENEFITS SHALL BE DISCUSSED OR
PROVIDED FOR PURSUANT TO THIS ARTICLE, AND ANY SUCH BENEFITS PROVIDED
SHALL BE VOID.
S 302. RIGHT OF ORGANIZATION. NOTWITHSTANDING SECTION TWO HUNDRED
FOURTEEN OF THIS CHAPTER, EXCLUDED EMPLOYEES SHALL HAVE THE RIGHT TO
JOIN AND PARTICIPATE IN, OR REFRAIN FROM JOINING OR PARTICIPATING IN,
THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION OF THEIR CHOOSING.
S 303. ELECTION OF EXCLUDED EMPLOYEE ORGANIZATION. THE PUBLIC EMPLOY-
MENT RELATIONS BOARD SHALL DESIGNATE A REPRESENTATIVE FOR MEET AND
CONFER PURPOSES OF EMPLOYEES COVERED BY THIS ARTICLE WHEN SUCH REPRESEN-
TATIVE DEMONSTRATES A SHOWING OF MAJORITY INTEREST BY EMPLOYEES AS
DEFINED BY THIS ARTICLE. IN CASES WHERE THE PARTIES TO A DISPUTE ARE
WITHOUT AGREEMENT ON THE MEANS TO ASCERTAIN THE CHOICE, IF ANY, OF THE
EXCLUDED EMPLOYEE ORGANIZATION AS THEIR REPRESENTATIVE, THE BOARD SHALL
ASCERTAIN SUCH EMPLOYEES' CHOICE OF EMPLOYEE ORGANIZATION, ON THE BASIS
OF DUES DEDUCTION AUTHORIZATION AND OTHER EVIDENCE, OR IF NECESSARY, BY
CONDUCTING AN ELECTION. IN THE EVENT THAT EITHER PARTY PROVIDES TO THE
BOARD, PRIOR TO THE DESIGNATION OF A REPRESENTATIVE, CLEAR AND CONVINC-
ING EVIDENCE THAT THE DUES DEDUCTION AUTHORIZATIONS, AND OTHER EVIDENCE
UPON WHICH THE BOARD WOULD OTHERWISE RELY TO ASCERTAIN THE EMPLOYEES'
CHOICE OF REPRESENTATIVE, ARE FRAUDULENT OR WERE OBTAINED THROUGH COER-
CION, THE BOARD SHALL PROMPTLY THEREAFTER CONDUCT AN ELECTION. THE BOARD
A. 2339 3
SHALL ALSO INVESTIGATE AND CONSIDER A PARTY'S ALLEGATIONS THAT THE DUES
DEDUCTION AUTHORIZATIONS AND OTHER EVIDENCE SUBMITTED IN SUPPORT OF A
DESIGNATION FOR REPRESENTATIVE WITHOUT AN ELECTION WERE SUBSEQUENTLY
CHANGED, ALTERED, WITHDRAWN OR WITHHELD AS A RESULT OF EMPLOYER FRAUD,
COERCION OR ANY OTHER UNFAIR EMPLOYER LABOR PRACTICE, IT SHALL DESIGNATE
THE REPRESENTATIVE WITHOUT THE CONDUCT OF AN ELECTION.
S 304. RIGHT OF REPRESENTATION. EXCLUDED EMPLOYEES SHALL HAVE THE
RIGHT TO BE REPRESENTED BY THE EXCLUDED EMPLOYEE ORGANIZATION, TO MEET
AND CONFER WITH THE STATE EMPLOYER IN DETERMINATION OF TERMS AND CONDI-
TIONS OF EMPLOYMENT, EXCEPT THAT NOTHING IN THIS ARTICLE SHALL AUTHORIZE
SUCH ORGANIZATION TO BARGAIN COLLECTIVELY WITH THE STATE.
S 305. RECOGNITION OF THE EXCLUDED EMPLOYEE ORGANIZATION. THE STATE
EMPLOYER IS HEREBY EMPOWERED TO RECOGNIZE THE EXCLUDED EMPLOYEE ORGAN-
IZATION AS THE EXCLUSIVE REPRESENTATIVE FOR THE PURPOSE OF THIS ARTICLE
FOR MEETING AND CONFERRING ON MATTERS RELATED TO THE TERMS AND CONDI-
TIONS OF EMPLOYMENT. IT IS THE MUTUAL OBLIGATION OF THE STATE EMPLOYER
AND THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION TO MEET AT REASONABLE
TIMES AND CONFER IN GOOD FAITH WITH RESPECT TO WAGES, HOURS, AND OTHER
TERMS AND CONDITIONS OF EMPLOYMENT OR ANY QUESTION ARISING THEREUNDER,
BUT SUCH OBLIGATION DOES NOT COMPEL EITHER PARTY TO AGREE TO A PROPOSAL
OR REQUIRE THE MAKING OF A CONCESSION.
S 306. MERIT SYSTEM. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO
CONTRAVENE THE SPIRIT OR INTENT OF THE MERIT SYSTEM IN STATE GOVERNMENT
NOR TO LIMIT THE ENTITLEMENTS OF EACH SUCH EXCLUDED EMPLOYEE.
S 307. RIGHTS OF THE RECOGNIZED EXCLUDED EMPLOYEE ORGANIZATION. THE
STATE EMPLOYER SHALL EXTEND TO THE EXCLUDED EMPLOYEE ORGANIZATION THE
RIGHT TO REPRESENT THE EXCLUDED EMPLOYEE IN COMMUNICATIONS WITH THE
STATE EMPLOYER REGARDING TERMS AND CONDITIONS OF EMPLOYMENT.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.