S T A T E O F N E W Y O R K
________________________________________________________________________
7601--A
Cal. No. 560
2017-2018 Regular Sessions
I N A S S E M B L Y
May 3, 2017
___________
Introduced by M. of A. ABBATE, DE LA ROSA, VANEL, FAHY, HYNDMAN, WALKER,
COLTON, LUPINACCI, JEAN-PIERRE, WOERNER, BARRON, ARROYO, SEPULVEDA,
DICKENS, STECK, MOSLEY, WALLACE, HARRIS, RICHARDSON, ORTIZ, CYMBROW-
ITZ, MAYER, SKOUFIS, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
ENGLEBRIGHT, HOOPER, LENTOL, THIELE -- read once and referred to the
Committee on Governmental Employees -- advanced to a third reading,
passed by Assembly and delivered to the Senate, recalled from the
Senate, vote reconsidered, bill amended, ordered reprinted, retaining
its place on the order of third reading
AN ACT to amend the civil service law, in relation to membership dues in
an employee organization and signed authorizations for deduction
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil service law is amended by adding a new section
159-d to read as follows:
§ 159-D. MEMBERSHIP DUES; SIGNED AUTHORIZATION. 1. (A) A PUBLIC
EMPLOYER SHALL COMMENCE MAKING DEDUCTIONS OF MEMBERSHIP DUES IN AN
EMPLOYEE ORGANIZATION PURSUANT TO A PUBLIC EMPLOYEE'S SIGNED AUTHORI-
ZATION AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN THIRTY DAYS
AFTER RECEIVING PROOF OF A SIGNED AUTHORIZATION.
(B) ANY MEMBERSHIP DUES IN AN EMPLOYEE ORGANIZATION DEDUCTED FROM THE
SALARY OF A PUBLIC EMPLOYEE SHALL BE TRANSMITTED TO THE EMPLOYEE ORGAN-
IZATION AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN THIRTY DAYS
AFTER THE SALARY FROM WHICH IT IS DEDUCTED IS PAID TO THE EMPLOYEE.
2. WITHIN THIRTY DAYS OF A PUBLIC EMPLOYEE FIRST BEING PAID AFTER
BEING EMPLOYED OR REEMPLOYED BY A PUBLIC EMPLOYER, OR WITHIN THIRTY DAYS
OF BEING PROMOTED OR TRANSFERRED TO A NEW BARGAINING UNIT, THE PUBLIC
EMPLOYER SHALL:
(A) NOTIFY THE EMPLOYEE ORGANIZATION, IF ANY, THAT REPRESENTS THAT
BARGAINING UNIT OF THE EMPLOYEE'S NAME, JOB TITLE, WORK LOCATION, WORK
TELEPHONE NUMBER AND HOURS OF WORK; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11206-07-7
A. 7601--A 2
(B) ALLOW A DULY APPOINTED REPRESENTATIVE OF THE EMPLOYEE ORGANIZATION
THAT REPRESENTS THAT BARGAINING UNIT TO MEET WITH THAT EMPLOYEE DURING
WORK TIME, UNLESS OTHERWISE SPECIFIED WITHIN AN AGREEMENT BARGAINED
COLLECTIVELY UNDER ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
3. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PERIOD OF TIME THAT AN AUTHORIZATION TO DEDUCT FROM THE SALARY OF A
PUBLIC EMPLOYEE AN AMOUNT FOR THE PAYMENT OF MEMBERSHIP DUES IN AN
EMPLOYEE ORGANIZATION SHALL REMAIN IN EFFECT SHALL BE THE SHORTER OF (I)
THAT SET FORTH IN THE SIGNED AUTHORIZATION, OR (II) AS MAY BE LATER
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE CONSTITUTIONALLY
REQUIRED OR REQUIRED BY LAW.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
PERIOD OF TIME THAT A PUBLIC EMPLOYEE SHALL HAVE TO WITHDRAW A SIGNED
AUTHORIZATION TO DEDUCT FROM HIS OR HER SALARY AN AMOUNT FOR THE PAYMENT
OF MEMBERSHIP DUES IN AN EMPLOYEE ORGANIZATION PRIOR TO IT BEING RENEWED
SHALL BE THE LONGER OF (I) THAT SET FORTH IN THE SIGNED AUTHORIZATION,
OR (II) AS MAY BE LATER FINALLY DETERMINED BY A COURT OF COMPETENT
JURISDICTION TO BE CONSTITUTIONALLY REQUIRED OR REQUIRED BY LAW.
4. A PUBLIC EMPLOYER SHALL ACCEPT A SIGNED AUTHORIZATION TO DEDUCT
FROM THE SALARY OF A PUBLIC EMPLOYEE AN AMOUNT FOR THE PAYMENT OF HIS OR
HER MEMBERSHIP DUES IN AN EMPLOYEE ORGANIZATION IN ANY FORMAT PERMITTED
BY ARTICLE THREE OF THE STATE TECHNOLOGY LAW.
5. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, EXCEPT
AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, ANY SIGNED AUTHORI-
ZATION TO DEDUCT FROM THE SALARY OF A PUBLIC EMPLOYEE AN AMOUNT FOR THE
PAYMENT OF MEMBERSHIP DUES IN AN EMPLOYEE ORGANIZATION MAY BE WITHDRAWN
BY SUCH EMPLOYEE ONLY IN ACCORDANCE WITH THE TERMS OF THE SIGNED AUTHOR-
IZATION.
6. NOTWITHSTANDING ANY PROVISION OF ARTICLE FOURTEEN OF THIS CHAPTER
TO THE CONTRARY, EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS
SECTION, AS USED IN THIS SECTION, THE TERMS "PUBLIC EMPLOYEE" AND
"PUBLIC EMPLOYER" SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION
TWO HUNDRED ONE OF THIS CHAPTER, AND THE TERM "EMPLOYEE ORGANIZATION"
SHALL MEAN ANY EMPLOYEE ORGANIZATION, AS THAT TERM IS DEFINED IN SECTION
TWO HUNDRED ONE OF THIS CHAPTER, THAT HAS BEEN CERTIFIED OR RECOGNIZED
PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR OTHER APPLICABLE LAW AS
THE EXCLUSIVE BARGAINING REPRESENTATIVE OF PUBLIC EMPLOYEES. NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO MAKE THE COMPTROLLER OF THE STATE OF
NEW YORK THE PUBLIC EMPLOYER OF ANY PUBLIC EMPLOYEES EXCEPT AS SET FORTH
IN SECTION TWO HUNDRED ONE OF THIS CHAPTER.
7. (A) IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF THIS
SECTION SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE
UNCONSTITUTIONAL OR OTHERWISE INVALID, SUCH JUDGMENT SHALL NOT AFFECT,
IMPAIR OR INVALIDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS
OPERATION TO THE CLAUSE, SENTENCE, PARAGRAPH, OR SUBDIVISION OF THIS
SECTION DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
SHALL HAVE BEEN RENDERED.
(B) IF ANY CLAUSE, SENTENCE, PARAGRAPH, OR PART OF A SIGNED AUTHORI-
ZATION SHALL BE ADJUDGED BY A COURT OF COMPETENT JURISDICTION TO BE
UNCONSTITUTIONAL OR OTHERWISE INVALID, SUCH DETERMINATION SHALL NOT
AFFECT, IMPAIR OR INVALIDATE THE REMAINDER OF SUCH SIGNED AUTHORIZATION
BUT SHALL BE CONFINED IN ITS OPERATION TO THE CLAUSE, SENTENCE, PARA-
GRAPH, OR PART OF THE SIGNED AUTHORIZATION DIRECTLY INVOLVED IN THE
CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN RENDERED.
§ 2. This act shall take effect immediately.