S T A T E O F N E W Y O R K
________________________________________________________________________
5788
2011-2012 Regular Sessions
I N A S S E M B L Y
March 1, 2011
___________
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 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 HERE-
INAFTER PROVIDED and providing remedies for violations of such prohibi-
tion.
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.
LBD09083-01-1
A. 5788 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.