senate Bill S7773

2013-2014 Legislative Session

Provides for a thirty day limit on additional punishment for certain contempt citations involving an employee organization and view acts of extreme provocation

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Jun 06, 2014 referred to judiciary

S7773 - Bill Details

See Assembly Version of this Bill:
A4489
Current Committee:
Law Section:
Judiciary Law
Laws Affected:
Amd §751, Judy L; amd §210, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3046
2009-2010: A3544

S7773 - Bill Texts

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Provides for a thirty day limit on additional punishment for certain contempt citations involving an employee organization and view acts of extreme provocation in a light most favorable to the employee organization.

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BILL NUMBER:S7773

TITLE OF BILL: An act to amend the judiciary law and the civil
service law, in relation to judicial review of punishment for certain
contempt citations

PURPOSE OR GENERAL IDEA OF BILL: To provide equity for employee
organizations who may be subject to penalties pursuant to the Taylor
Law.

SUMMARY OF PROVISIONS: Amends § 751 (2)(a) of the judiciary law, as
separately amended by chapter 503 of the laws of 1971, and as amended
by chapter 254 of the laws of 1983, to (1) limit the allowable period
for forfeiture of rights to membership dues deduction to 30 days and
(2) when considering the amount of fine and or duration of forfeiture
to impose, the court shall also consider any acts of extreme
provocation by the employer or its representatives in the light most
favorable to the employee organization.

Amends § 210 (3)(f) of the civil service law, as amended by chapter
677 of the laws of 1977, and § 210 (2)(f) of the civil service law, as
amended by chapter 503 of the laws of 1971, to (1) limit the allowable
period for forfeiture of rights to membership dues deduction to 30
days and (2) when considering the amount of fine and or duration of
forfeiture to impose, the court shall also consider any acts of
extreme provocation by the employer or its representatives in the
light most favorable to the employee organization.

JUSTIFICATION: Although the Fair Employee Act ("Taylor Law") requires
both public employee organizations and employers to negotiate in good
faith, the Act lacks equitable and meaningful mechanisms for
enforcement. The Taylor Law imposes harsh restrictions, sanctions and
penalties on employee organizations, often resulting in the loss of
millions of dollars used to sustain the organization and rightfully
derived from membership dues. In contrast, sanctions against
employers, who fact finding bodies determine have acted in bad faith,
are merely ordered to cease and desist their conduct of bad faith with
no monetary penalty. It is clear the Taylor Law is in need of reform
and this legislation will provide a balance in the application of the
law to employee organizations by limiting the amount of time for
forfeiture of membership dues t 30 days and requiring a judge to view
all the facts indicating extreme provocation by the employer in the
light most favorable to the employee organization.

PRIOR LEGISLATIVE HISTORY: 2011-2012 A.3046 2009-2010 A.3544
2008-2010 A.3544 2006-2008 A.5663 2005-2006 A.12067

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the
state.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  7773

                            I N  S E N A T E

                              June 6, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed 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,
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

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

S. 7773                             2

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
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

S. 7773                             3

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.

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