S T A T E   O F   N E W   Y O R K
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                                  4357

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 22, 2009
                               ___________

Introduced  by  Sen.  KRUGER -- 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 strikes by  public
  employees

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

  Section 1. Section 200 of the civil service law, as amended by chapter
24 of the laws of 1969, is amended to read as follows:
  S 200.  Statement of policy.  The legislature of the state of New York
declares that it is the public policy of the state and  the  purpose  of
this  [act]  ARTICLE to promote harmonious and cooperative relationships
between government and its employees and to protect the public by assur-
ing, at all times, the orderly and uninterrupted  operations  and  func-
tions  of government.  These policies are best effectuated by (a) grant-
ing to public employees the right of  organization  and  representation,
(b)  requiring the state, local governments and other political subdivi-
sions to negotiate with, and enter into written agreements with employee
organizations representing public employees which have been certified or
recognized, (c) encouraging such  public  employers  and  such  employee
organizations  to  agree  upon  procedures  for  resolving disputes, (d)
creating a public employment relations  board  to  assist  in  resolving
disputes between public employees and public employers, and (e) continu-
ing  the  prohibition  against  strikes  by  public  employees EXCEPT AS
PROVIDED FOR IN THIS ARTICLE and providing remedies  for  violations  of
such prohibition.
  S 2. Subdivision 1 of section 210 of the civil service law, as amended
by chapter 24 of the laws of 1969, is amended to read as follows:
  1.  No  public  employee  or  employee  organization shall engage in a
strike, and no public employee or  employee  organization  shall  cause,
instigate,  encourage, or condone a strike; PROVIDED, HOWEVER, THAT IF A
STRIKE BY PUBLIC EMPLOYEES OCCURS AFTER THE COLLECTIVE NEGOTIATION PROC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07306-01-9
              

S. 4357                             2

ESS SET FORTH IN SECTION TWO HUNDRED  NINE  OF  THIS  ARTICLE  HAS  BEEN
COMPLETELY UTILIZED AND EXHAUSTED, IT SHALL NOT BE PROHIBITED.
  S  3.  Paragraph  (a)  of  subdivision  2  of section 210 of the civil
service law, as amended by chapter 24 of the laws of 1969, is amended to
read as follows:
  (a) Violations and penalties. [A]  EXCEPT  AS  OTHERWISE  PROVIDED  IN
SUBDIVISION  ONE  OF  THIS SECTION, A public employee shall violate this
subdivision by engaging in a strike or violating paragraph (c)  of  this
subdivision and shall be liable as provided in this subdivision pursuant
to  the  procedures contained herein.   In addition, any public employee
who violates subdivision one of this section may be subject  to  removal
or other disciplinary action provided by law for misconduct.
  S  4.  Paragraph  (h)  of  subdivision  3  of section 210 of the civil
service law, as amended by chapter 24 of the laws of 1969, is amended to
read as follows:
  (h) No compensation shall be paid by a public  employer  to  a  public
employee  with  respect to any day or part thereof when such employee is
engaged in a strike against such employer IN  VIOLATION  OF  SUBDIVISION
ONE OF THIS SECTION. The chief fiscal officer of the government involved
shall  withhold such compensation upon receipt of the notice provided by
paragraph (e) of subdivision two of  THIS  section  [two  hundred  ten];
notwithstanding  the  failure  to  have  received such notice, no public
employee or officer having knowledge that such employee has  so  engaged
in such a strike shall deliver or [caused] CAUSE to be delivered to such
employee  any cash, check or payment which, in whole or in part, repres-
ents such compensation.
  S 5. This act shall take effect immediately.