Assembly Bill A5734

2011-2012 Legislative Session

Establishes that public employee discipline is a mandatorily negotiable term and condition of employment

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A5734 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §§201 & 204-a, Civ Serv L
Versions Introduced in 2009-2010 Legislative Session:
A6253

2011-A5734 (ACTIVE) - Summary

Establishes that public employee discipline is a mandatorily negotiable term and condition of employment; ensures that any provisions pertaining to discipline contained within agreements or interest arbitration awards between public employers and public employee organizations are valid and enforceable.

2011-A5734 (ACTIVE) - Bill Text download pdf 

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

                                  5734

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 28, 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 the negotiability
  of discipline affecting public employees

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

  Section  1.  Subdivision 4 of section 201 of the civil service law, as
amended by chapter 606 of the laws  of  1992,  is  amended  to  read  as
follows:
  4.  The  term  "terms  and  conditions  of employment" means salaries,
wages, hours, DISCIPLINE, DISCIPLINARY PROCEDURES INCLUDING ALTERNATIVES
TO ANY STATUTORY DISCIPLINARY SYSTEM, PROVIDED, HOWEVER, THAT ANY  RIGHT
OF  A PUBLIC EMPLOYEE UNDER THE TERMS OF ANY STATE LAW TO ELECT COVERAGE
UNDER EITHER A STATUTORY DISCIPLINARY SYSTEM OR  A  DISCIPLINARY  SYSTEM
ESTABLISHED BY COLLECTIVE NEGOTIATIONS SHALL NOT BE IMPAIRED, UNLESS ANY
SUCH  STATE  LAW  AUTHORIZES  EXCLUSIVITY  OF  A NEGOTIATED DISCIPLINARY
SYSTEM, 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 payment to retirees or their bene-
ficiaries. No such retirement benefits shall be negotiated  pursuant  to
this article, and any benefits so negotiated shall be void.
  S 2. Section 204-a of the civil service law is amended by adding a new
subdivision 4 to read as follows:
  4.  THE  TERMS  OF  ANY CURRENT OR EXPIRED AGREEMENT OR INTEREST ARBI-
TRATION AWARD BETWEEN ANY PUBLIC EMPLOYER AND ANY PUBLIC EMPLOYEE ORGAN-
IZATION RELATING TO THE DISCIPLINE OF  ANY  PUBLIC  EMPLOYEES  SHALL  BE
DEEMED  VALID AND ENFORCEABLE FROM THE DATE ANY SUCH AGREEMENT WAS FIRST
REACHED OR SUCH AWARD WAS FIRST RENDERED.  THE PROVISIONS OF THIS SUBDI-
VISION SHALL NOT BE CONSTRUED TO OVERTURN, VACATE, OR  OTHERWISE  AFFECT
ANY  FINAL  DISCIPLINARY DETERMINATION, PENALTY OR ACTION RENDERED PRIOR
TO THE EFFECTIVE DATE OF THIS SUBDIVISION.
  S 3. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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