Assembly Bill A5524

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5524
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 19, 2021
                                ___________
 
 Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
   A.  MANKTELOW  --  read  once and referred to the Committee on Govern-
   mental Employees
 
 AN ACT to amend the civil service  law,  in  relation  to  removing  the
   requirement that a public employer continue terms of an expired agree-
   ment until a new agreement is negotiated with an employee organization
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 209-a of the civil service law, as
 amended by chapter 244 of the laws of 2007, paragraphs (f)  and  (g)  as
 amended  by  section  1 of part E of chapter 55 of the laws of 2019, and
 paragraph (h) as amended by section 1 of part W of  chapter  55  of  the
 laws of 2020, is amended to read as follows:
   1. Improper employer practices. It shall be an improper practice for a
 public  employer  or  its  agents  deliberately  (a)  to interfere with,
 restrain or coerce public employees in  the  exercise  of  their  rights
 guaranteed in section two hundred two of this article for the purpose of
 depriving  them  of  such  rights; (b) to dominate or interfere with the
 formation or administration of any employee organization for the purpose
 of depriving them of  such  rights;  (c)  to  discriminate  against  any
 employee  for  the purpose of encouraging or discouraging membership in,
 or participation in the activities of, any employee organization; (d) to
 refuse to negotiate in good faith with the duly recognized or  certified
 representatives  of its public employees; (e) [to refuse to continue all
 the terms of an expired agreement until a new agreement  is  negotiated,
 unless the employee organization which is a party to such agreement has,
 during  such  negotiations  or  prior to such resolution of such negoti-
 ations, engaged in conduct violative of subdivision one of  section  two
 hundred  ten  of this article; (f)] to utilize any state funds appropri-
 ated for any purpose to train managers, supervisors or other administra-
 tive personnel regarding methods to discourage union organization or  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08108-01-1

 A. 5524                             2
 
 discourage  an  employee from participating in a union organizing drive;
 [(g)] (F) to fail to permit or refuse to afford a  public  employee  the
 right, upon the employee's demand, to representation by a representative
 of  the  employee  organization,  or  the designee of such organization,
 which has been certified or recognized under this article  when  at  the
 time  of  questioning  by  the  employer  of such employee it reasonably
 appears that he or she may be the subject of  a  potential  disciplinary
 action.  If representation is requested, and the employee is a potential
 target of disciplinary action at the time of questioning,  a  reasonable
 period  of  time shall be afforded to the employee to obtain such repre-
 sentation. It shall be an affirmative defense to any  improper  practice
 charge  under  paragraph [(g)] (F) of this subdivision that the employee
 has the right, pursuant to statute, interest arbitration award,  collec-
 tively negotiated agreement, policy or practice, to present to a hearing
 officer  or  arbitrator  evidence  of  the employer's failure to provide
 representation and to obtain exclusion of the  resulting  evidence  upon
 demonstration  of  such  failure. Nothing in this section shall grant an
 employee any right to representation by the representative of an employ-
 ee organization in any criminal investigation; or [(h)] (G) to  disclose
 home addresses, personal telephone numbers, personal cell phone numbers,
 personal  e-mail  addresses  of  a  public employee, as the term "public
 employee" is defined in subdivision seven of section two hundred one  of
 this  article,  except  (i) where required pursuant to the provisions of
 this article, (ii) to the extent compelled to do so by lawful service of
 process, subpoena, court order, or (iii) in accordance with  subdivision
 four  of  section  two  hundred  eight  of this article, or as otherwise
 required by law. This paragraph shall not prohibit other  provisions  of
 law  regarding  work-related,  publicly  available  information  such as
 title, salary, and dates of employment.
   § 2. This act shall take effect immediately.