Assembly Bill A10370

2017-2018 Legislative Session

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

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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

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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) - Summary

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

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
              

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