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.