S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    324
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. COLTON --
   read once and referred to the Committee on Governmental Employees
 
 AN ACT to amend the civil service law and the administrative code of the
   city  of New York, in relation to the ratification of a written agree-
   ment between a public employer and an employee organization

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 201 of the civil service law is amended by adding
 a new subdivision 13 to read as follows:
   13. THE TERM "RATIFICATION PERIOD" MEANS THE  PERIOD  OF  TIME  DURING
 WHICH  THE  EMPLOYEE  ORGANIZATION  SUBMITS  A  WRITTEN AGREEMENT TO ITS
 MEMBERSHIP FOR A VOTE OR RE-VOTE TO ACCEPT OR REJECT THE AGREEMENT,  AND
 (A)  IF  SUCH  AGREEMENT  IS APPROVED BY SUCH MEMBERSHIP, THE SUBSEQUENT
 PERIOD OF TIME DURING WHICH THE EMPLOYEE ORGANIZATIONS MAY  PROVIDE  THE
 EMPLOYER  WITH  WRITTEN NOTICE FORMALLY ACCEPTING THE WRITTEN AGREEMENT;
 OR (B) IF SUCH AGREEMENT IS VOTED DOWN BY SUCH  MEMBERSHIP,  THE  SUBSE-
 QUENT  PERIOD OF TIME DURING WHICH THE EMPLOYEE ORGANIZATION MAY PROVIDE
 THE EMPLOYER AND THE BOARD WRITTEN NOTICE FORMALLY REJECTING THE WRITTEN
 AGREEMENT AND NOT SUBJECTING SUCH AGREEMENT TO A RE-VOTE.
   § 2. Subdivision 1 of section 209 of the civil service law, as amended
 by chapter 216 of the laws of 1977, is amended and a new  subdivision  7
 is added to read as follows:
   1.  For purposes of this section, an impasse may be deemed to exist if
 the parties fail to achieve agreement at least one hundred  twenty  days
 prior  to  the  end of the fiscal year of the public employer; EXCEPT AS
 OTHERWISE PROVIDED IN SUBDIVISION SEVEN OF THIS SECTION.
   7. NOTWITHSTANDING ANY LAW,  RULE,  REGULATION  OR  AGREEMENT  TO  THE
 CONTRARY, ONCE A WRITTEN AGREEMENT REGARDING THE TERMS AND CONDITIONS OF
 EMPLOYMENT HAS BEEN NEGOTIATED SUBJECT TO RATIFICATION BY ALL OR PART OF
 THE  MEMBERSHIP OF AN EMPLOYEE ORGANIZATION, THE PUBLIC EMPLOYER, WHO IS
 A PARTY TO SUCH AGREEMENT, SHALL NOT BE PERMITTED TO WITHDRAW OR  OTHER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06253-01-7

 A. 324                              2
 
 WISE  REPUDIATE  ITS TERMS DURING THE RATIFICATION PERIOD. NOT MORE THAN
 ONE HUNDRED TWENTY DAYS FROM THE DATE UPON WHICH AN AGREEMENT  WHICH  IS
 SUBJECT  TO  RATIFICATION  BY  AN EMPLOYEE ORGANIZATION IS SIGNED BY THE
 PUBLIC EMPLOYER AND THE EMPLOYEE ORGANIZATION, THE EMPLOYEE ORGANIZATION
 SHALL  INFORM,  IN WRITING AND AS SOON AS PRACTICABLE:  (A) THE EMPLOYER
 THAT SUCH RATIFICATION PROCESS IS CONCLUDED AND THE SUBJECT AGREEMENT IS
 FORMALLY ACCEPTED; OR (B) THE EMPLOYER  AND  THE  BOARD  THAT  (I)  SUCH
 RATIFICATION  PROCESS IS CONCLUDED AND THE SUBJECT AGREEMENT IS FORMALLY
 REJECTED AND IS NOT SUBJECT TO A RE-VOTE; OR (II) SUCH SUBJECT AGREEMENT
 IS PENDING RECONSIDERATION AND RE-VOTE BY  THE  EMPLOYEE  ORGANIZATION'S
 MEMBERSHIP ON A FUTURE DATE CERTAIN. NO IMPASSE SHALL BE DEEMED TO EXIST
 UNTIL SUCH RATIFICATION PERIOD HAS ENDED.
   §  3.  Subdivision  1  of  section  209-a  of the civil service law is
 amended by adding a new paragraph (e-1) to read as follows:
   (E-1) TO INTERFERE WITH, RESTRAIN OR COERCE INDIVIDUAL MEMBERS OR  THE
 EMPLOYEE ORGANIZATION, THROUGH STATEMENTS OR ACTIONS, WITH THE INTENT OF
 AFFECTING  THE  OUTCOME  OF  A  VOTE  OR RE-VOTE AT ANY TIME, INCLUDING,
 DURING THE RATIFICATION PERIOD;
   § 4. Paragraph 5 of subdivision a of section 12-306 of the administra-
 tive code of the city of New York, as added by local law  number  26  of
 the city of New York for the year 1998, is amended and a new paragraph 6
 is added to read as follows:
   (5)  to  unilaterally  make  any change as to any mandatory subject of
 collective bargaining or as to any  term  and  condition  of  employment
 established  in the prior contract, during a period of negotiations with
 a public employee organization as defined in subdivision  d  of  section
 12-311 of this chapter[.];
   (6)  TO  INTERFERE  WITH, RESTRAIN OR COERCE INDIVIDUAL MEMBERS OR THE
 EMPLOYEE ORGANIZATION, THROUGH STATEMENTS OR ACTIONS, WITH THE INTENT OF
 AFFECTING THE OUTCOME OF A VOTE  OR  RE-VOTE  AT  ANY  TIME,  INCLUDING,
 DURING THE RATIFICATION PERIOD, AS DEFINED IN SECTION TWO HUNDRED ONE OF
 THE CIVIL SERVICE LAW.
   § 5. Paragraph 5 of subdivision c of section 12-306 of the administra-
 tive  code  of  the city of New York is amended and a new paragraph 6 is
 added to read as follows:
   (5) if an agreement is reached, to  execute  upon  request  a  written
 document  embodying  the  agreed  terms,  and  to take such steps as are
 necessary to implement the agreement[.];
   (6) IF A WRITTEN AGREEMENT IS SUBMITTED TO THE MEMBERSHIP FOR  A  VOTE
 OR  RE-VOTE  AND  IS  VOTED  DOWN,  SUCH AGREEMENT SHALL REMAIN OPEN FOR
 ACCEPTANCE OR REJECTION BY THE EMPLOYEE ORGANIZATION DURING A  RATIFICA-
 TION  PERIOD, AS DEFINED BY SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE
 LAW.
   § 6. This act shall take effect immediately.