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

                                  9984

                          I N  A S S E M B L Y

                            February 23, 2010
                               ___________

Introduced by M. of A. ABBATE -- read once and referred to the Committee
  on Governmental Employees

AN  ACT to amend the civil service law, in relation to improper employer
  practices

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

  Section 1. Subdivision 1 of section 209-a of the civil service law, as
amended  by  chapter  244  of  the  laws  of 2007, is amended to read as
follows:
  1. Improper employer practices. It shall be an improper practice for a
public employer or  its  agents  deliberately  (a)  to  interfere  with,
restrain  or  coerce  public  employees  in the exercise of their rights
guaranteed in section two hundred two of this article for the purpose of
depriving them of such rights; (b) to dominate  or  interfere  with  the
formation or administration of any employee organization for the purpose
of  depriving  them  of  such  rights;  (c)  to discriminate against any
employee for the purpose of encouraging or discouraging  membership  in,
or participation in the activities of, any employee organization; (d) to
refuse  to negotiate in good faith with the duly recognized or certified
representatives of its public employees, AND NOTWITHSTANDING  ANY  OTHER
PROVISION  OF  THIS  ARTICLE,  WHERE SUCH EMPLOYER IS DETERMINED TO HAVE
VIOLATED THIS PARAGRAPH, THE LAST OFFER OF THE DULY RECOGNIZED OR CERTI-
FIED REPRESENTATIVE OF ITS PUBLIC EMPLOYEES SHALL BECOME  THE  AGREEMENT
BETWEEN  SUCH  EMPLOYER  AND SUCH EMPLOYEES UNTIL CHANGED OR MODIFIED BY
MUTUAL AGREEMENT OF THE PARTIES; (e) to refuse to continue all the terms
of an expired agreement until a new agreement is negotiated, unless  the
employee  organization  which  is  a party to such agreement has, during
such negotiations or prior to  such  resolution  of  such  negotiations,
engaged  in  conduct violative of subdivision one of section two hundred
ten of this article; (f) to utilize any state funds appropriated for any
purpose to train managers, supervisors or other administrative personnel
regarding methods to discourage union organization or to  discourage  an
employee  from participating in a union organizing drive; or (g) to fail
to permit or refuse to afford a public  employee  the  right,  upon  the

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

                                                           LBD15787-01-0

A. 9984                             2

employee's demand, to representation by a representative of the employee
organization,  or  the  designee  of  such  organization, which has been
certified or recognized under this article when at the time of question-
ing  by  the  employer of such employee it reasonably appears that he or
she may be the subject of a potential disciplinary action. If  represen-
tation is requested, and the employee is a potential target of discipli-
nary  action  at  the  time  of questioning, a reasonable period of time
shall be afforded to the employee  to  obtain  such  representation.  It
shall  be  an  affirmative defense to any improper practice charge under
paragraph (g) of this subdivision  that  the  employee  has  the  right,
pursuant to statute, interest arbitration award, collectively negotiated
agreement,  policy or practice, to present to a hearing officer or arbi-
trator evidence of the employer's failure to provide representation  and
to obtain exclusion of the resulting evidence upon demonstration of such
failure.  Nothing  in  this section shall grant an employee any right to
representation by the representative of an employee organization in  any
criminal investigation.
  S 2. This act shall take effect immediately.