Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 18, 2018 |
referred to governmental employees |
Assembly Bill A10370
2017-2018 Legislative Session
Sponsored By
ABBATE
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Anthony Brindisi
2017-A10370 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8152
- Current Committee:
- Assembly Governmental Employees
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §76, Civ Serv L
2017-A10370 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10370 I N A S S E M B L Y April 18, 2018 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees 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
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.