senate Bill S7801

Vetoed By Governor
2013-2014 Legislative Session

Declares that all competitive class employees are entitled to collective bargaining with respect to matters pertaining to disciplinary procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Feb 02, 2015 pocket veto - veto.589
Dec 30, 2014 delivered to governor
Jun 19, 2014 returned to senate
passed assembly
ordered to third reading rules cal.497
substituted for a9853
Jun 18, 2014 referred to codes
delivered to assembly
passed senate
ordered to third reading cal.1549
committee discharged and committed to rules
Jun 10, 2014 referred to civil service and pensions

S7801 - Details

See Assembly Version of this Bill:
A9853
Law Section:
Civil Service Law
Laws Affected:
Amd §76, Civ Serv L

S7801 - Summary

Declares that all competitive class employees are entitled to collective bargaining with respect to matters pertaining to disciplinary procedures.

S7801 - Sponsor Memo

S7801 - Bill Text download pdf

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

                                  7801

                            I N  S E N A T E

                              June 10, 2014
                               ___________

Introduced  by  Sen.  GOLDEN -- 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 the  negotiability
  of  disciplinary  procedures  affecting  employees  in the competitive
  class of civil service of the state of New York or any civil  division
  thereof

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

  Section 1. Legislative  findings  and  declarations.  The  Taylor  Law
requires collective bargaining over all "terms and conditions of employ-
ment."  Our courts have often stressed the importance of this policy and
have made clear that "the presumption...that all terms and conditions of
employment  are  subject to mandatory bargaining" cannot easily be over-
come. IN THE MATTER OF PATROLMEN'S BENEVOLENT ASSOCIATION OF THE CITY OF
NEW YORK, INC. V. NEW YORK STATE PUBLIC EMPLOYMENT  RELATIONS  BOARD,  6
N.Y.  3d  563  at 572 (2006) (Hereinafter NYC PBA case).  However, while
paying homage to our state's  strong  and  sweeping  policy  to  support
collective  bargaining  of  all terms and conditions of employment under
the Taylor Law, the Court of Appeals in the case cited above  held  that
that  policy  must  yield  to  any  other legislation which specifically
commits police discipline to the discretion of local officials,  includ-
ing  the  New York City charter, the Rockland County Police Act, section
155 of the town law and section 8-804 of the village law, provided  only
that those laws were passed prior to 1958 when Sections 75 and 76 of the
civil  service  law  providing  minimum  or back-stop provisions for due
process disciplinary procedures for public employees  were  enacted.  In
doing so, the court cited specifically to the first sentence of subdivi-
sion  4  of section 76 of the civil service law which says that sections
75 and 76 of the civil service law shall not be construed to  repeal  or
modify  pre-existing laws relating to the removal or suspension of offi-
cers or employees in the competitive class of the civil service  of  the
state or any civil division.
  Since  the  Taylor Law was enacted in 1967 making all terms and condi-
tions of employment subject to collective bargaining, matters pertaining

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

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