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

                                  4489

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2013
                               ___________

Introduced  by  M. of A. PERRY, STEVENSON -- Multi-Sponsored by -- M. of
  A. ABINANTI, BOYLAND -- read once and referred  to  the  Committee  on
  Judiciary

AN ACT to amend the judiciary law and the civil service law, in relation
  to judicial review of punishment for certain contempt citations

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

  Section 1. Paragraph (a) of subdivision 2 of section 751 of the  judi-
ciary  law, as amended by chapter 254 of the laws of 1983, is amended to
read as follows:
  (a) Where an employee organization, as defined in section two  hundred
one  of  the  civil service law, wilfully disobeys a lawful mandate of a
court of record, or wilfully offers resistance to such  lawful  mandate,
in  a case involving or growing out of a strike in violation of subdivi-
sion one of section two hundred  ten  of  the  civil  service  law,  the
punishment  for  each  day  that such contempt persists may be by a fine
fixed in the discretion of the court. In the case of a government exempt
from certain provisions of article fourteen of the  civil  service  law,
pursuant to section two hundred twelve of such law, the court may, as an
additional  punishment for such contempt, order forfeiture of the rights
granted pursuant to the provisions of paragraph (b) of subdivision  one,
and subdivision three of section two hundred eight of such law, for such
specified  period  of  time[,  as  the  court shall determine or, in the
discretion of the court, for an indefinite period of time] NOT TO EXCEED
THIRTY DAYS, subject to restoration upon application, with notice to all
interested parties, supported by proof of good faith compliance with the
requirements of subdivision one of section two hundred ten of the  civil
service law since the date of such violation, such proof to include, for
example,  the successful negotiation, without a violation of subdivision
one of section two hundred ten of the civil service law, of  a  contract
covering the employees in the unit affected by such violation; provided,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00069-01-3
              

A. 4489                             2

however,  that where a fine imposed pursuant to this subdivision remains
wholly or partly unpaid, after the exhaustion of the cash and securities
of the employee organization, such forfeiture shall be suspended to  the
extent  necessary  for the unpaid portion of such fine to be accumulated
by the public employer and transmitted  to  the  court.  In  fixing  the
amount  of  the  fine and/or duration of the forfeiture, the court shall
consider all  the  facts  and  circumstances  directly  related  to  the
contempt,  including,  but  not limited to: (i) the extent of the wilful
defiance of or a resistance to the court's mandate (ii)  the  impact  of
the  strike  on  the public health, safety, and welfare of the community
and (iii) the ability of the  employee  organization  to  pay  the  fine
imposed;  and  the  court  may  consider (i) the refusal of the employee
organization or the appropriate public employer, as defined  in  section
two  hundred one of the civil service law, or the representatives there-
of, to submit to the mediation and fact-finding procedures  provided  in
section  two  hundred nine of the civil service law and (ii) whether, if
so alleged by the employee organization AND WHEN VIEWED IN A LIGHT  MOST
FAVORABLE TO SUCH EMPLOYEE ORGANIZATION, the appropriate public employer
or its representatives engaged in such acts of extreme provocation as to
detract  from  the  responsibility  of the employee organization for the
strike. In determining the ability of the employee organization  to  pay
the  fine  imposed,  the  court  shall  consider both the income and the
assets of such employee organization.
  S 2. Paragraph (f) of subdivision  3  of  section  210  of  the  civil
service  law,  as amended by chapter 677 of the laws of 1977, is amended
to read as follows:
  (f) If the board determines that an employee organization has violated
the provisions of subdivision one of this section, the board shall order
forfeiture of the rights granted pursuant to the provisions of paragraph
(b) of subdivision one, and subdivision three  of  section  two  hundred
eight  of  this chapter, for such specified period of time [as the board
shall determine, or, in the discretion of the board, for  an  indefinite
period  of  time]  NOT TO EXCEED THIRTY DAYS subject to restoration upon
application, with notice to all interested parties, supported  by  proof
of  good  faith  compliance  with the requirements of subdivision one of
this section since the date of such violation, such  proof  to  include,
for example, the successful negotiation, without a violation of subdivi-
sion  one  of  this section, of a contract covering the employees in the
unit affected by such violation; provided, however, that  where  a  fine
imposed  on  an  employee  organization  pursuant  to subdivision two of
section seven hundred fifty-one of the judiciary law remains  wholly  or
partly  unpaid,  after  the exhaustion of the cash and securities of the
employee organization, the board shall direct that, notwithstanding such
forfeiture, such membership dues deduction shall  be  continued  to  the
extent  necessary to pay such fine and such public employer shall trans-
mit such moneys to the court. In fixing the duration of the  forfeiture,
the  board  shall  consider  all  the  relevant facts and circumstances,
including but not limited to: (i) the extent of any wilful  defiance  of
subdivision  one  of  this  section (ii) the impact of the strike on the
public health, safety, and welfare of the community and (iii) the finan-
cial resources of the employee organization; and the board may  consider
(i)  the  refusal of the employee organization or the appropriate public
employer or the representative thereof, to submit to the  mediation  and
fact-finding  procedures  provided  in section two hundred nine and (ii)
whether, if so alleged by the employee organization AND WHEN VIEWED IN A
LIGHT MOST FAVORABLE TO  SUCH  EMPLOYEE  ORGANIZATION,  the  appropriate

A. 4489                             3

public  employer  or its representatives engaged in such acts of extreme
provocation as to detract from the responsibility of the employee organ-
ization for the strike. In determining the financial  resources  of  the
employee  organization, the board shall consider both the income and the
assets of such employee organization. In the event membership  dues  are
collected  by the public employer as provided in paragraph (b) of subdi-
vision one of section two hundred eight of this chapter, the  books  and
records  of  such  public  employer shall be prima facie evidence of the
amount so collected.
  S 3. This act shall take effect immediately.