Senate Bill S5778

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5778--A
     Cal. No. 1344
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 28, 2017
                                ___________
 
 Introduced  by  Sens. ALCANTARA, SAVINO, KLEIN, PERALTA, HAMILTON, VALE-
   SKY, CARLUCCI, AVELLA, ADDABBO, BAILEY, COMRIE, GALLIVAN,  LATIMER  --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Civil Service and Pensions -- reported favorably from
   said committee, ordered to first and second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  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
   (B) ALLOW A DULY APPOINTED REPRESENTATIVE OF THE EMPLOYEE ORGANIZATION
 THAT REPRESENTS THAT BARGAINING UNIT TO MEET WITH THAT  EMPLOYEE  DURING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11206-06-7

 S. 5778--A                          2
 
 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.