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Assembly Bill A8411

2021-2022 Legislative Session

Prohibits public employers from taking disciplinary action against public employees in certain cases

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Archive: Last Bill Status - In Assembly Committee

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2021-A8411 (ACTIVE) - Details

See Senate Version of this Bill:
S7355
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd §75-b, Civ Serv L
Versions Introduced in 2023-2024 Legislative Session:
A3757

2021-A8411 (ACTIVE) - Summary

Prohibits public employers from dismissing or taking other disciplinary action against public employees if such employees are elected or appointed to represent the employee organization or its members or communicate or offer commentary on matters of public concern or matters affecting the employee organization or its members.

2021-A8411 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8411
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 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 prohibiting public
   employers  from taking disciplinary action against public employees in
   certain cases
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 2 of section 75-b of the civil service law is
 amended by adding a new paragraph (b) to read as follows:
   (B) A PUBLIC EMPLOYER SHALL NOT DISMISS OR TAKE OTHER DISCIPLINARY  OR
 OTHER  ADVERSE PERSONNEL ACTION AGAINST A PUBLIC EMPLOYEE IF SUCH PUBLIC
 EMPLOYEE IS ELECTED OR APPOINTED TO REPRESENT THE EMPLOYEE  ORGANIZATION
 OR ITS MEMBERS OR COMMUNICATES OR OFFERS COMMENTARY ON MATTERS OF PUBLIC
 CONCERN OR MATTERS AFFECTING THE EMPLOYEE ORGANIZATION OR ITS MEMBERS.
   §  2. Section 75-b of the civil service law is amended by adding a new
 subdivision 3-a to read as follows:
   3-A. IT SHALL BE AN AFFIRMATIVE DEFENSE IN ANY DISCIPLINARY  OR  OTHER
 ADVERSE  PERSONNEL  ACTION  AGAINST  A  PUBLIC  EMPLOYEE  IF SUCH PUBLIC
 EMPLOYEE IS ELECTED OR APPOINTED TO REPRESENT THE EMPLOYEE  ORGANIZATION
 OR  ITS  MEMBERS, COMMUNICATES OR OFFERS COMMENTARY ON MATTERS OF PUBLIC
 CONCERN OR MATTERS AFFECTING THE EMPLOYEE ORGANIZATION OR ITS MEMBERS.
   § 3. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13134-01-1

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