S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4739
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to  disputes  arising
   from collective negotiations
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 6 of section 209-a of the civil service law, as
 amended by chapter 467 of the laws of 1990 and as renumbered by  chapter
 695 of the laws of 1994, is amended to read as follows:
   6.  Application.  In  applying  this section, fundamental distinctions
 between private and public employment shall be recognized, and  no  body
 of  federal or state law applicable wholly or in part to private employ-
 ment, shall be  regarded  as  binding  or  controlling  precedent.  WITH
 RESPECT  TO  ANY  IMPROPER PRACTICE CHARGE FILED AGAINST EITHER A PUBLIC
 EMPLOYER OR A PUBLIC EMPLOYEE ORGANIZATION THAT  ALLEGES  A  REFUSAL  TO
 NEGOTIATE  IN GOOD FAITH A PRESUMPTION OF BAD FAITH SHALL APPLY WHENEVER
 THE LAST AGREEMENT BETWEEN THE  PARTIES  OR,  AS  APPLICABLE,  THE  LAST
 INTEREST  ARBITRATION  AWARD BETWEEN THEM, HAS BEEN EXPIRED FOR A PERIOD
 IN EXCESS OF ONE YEAR FROM FINAL EXECUTION OF THE AGREEMENT OR  DELIVERY
 OF THE AWARD TO THE PARTIES AND NO NEW AGREEMENT HAS BEEN REACHED AT THE
 DATE SUCH IMPROPER PRACTICE CHARGE IS FILED.
   § 2. Subdivision 1 of section 209 of the civil service law, as amended
 by chapter 216 of the laws of 1977, is amended to read as follows:
   1. (A) For purposes of this section, an impasse may be deemed to exist
 if  the  parties  fail  to achieve agreement at least one hundred twenty
 days prior to the end of the fiscal year  of  the  public  employer  AND
 SHALL  BE  DEEMED  TO EXIST IF THE LAST AGREEMENT BETWEEN THE PARTIES AT
 IMPASSE, OR AS APPLICABLE, THEIR LAST INTEREST  ARBITRATION  AWARD,  HAS
 BEEN  EXPIRED FOR A PERIOD IN EXCESS OF ONE YEAR FROM FINAL EXECUTION OF
 THE AGREEMENT OR DELIVERY OF THE ARBITRATION AWARD TO THE PARTIES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09478-01-3
 A. 4739                             2
              

 
   (B) IN ANY CIRCUMSTANCE IN WHICH AN IMPASSE HAS BEEN FOUND TO EXIST OR
 HAS BEEN DEEMED TO EXIST, THE BOARD SHALL TAKE SUCH ACTION AS IT CONSID-
 ERS TO BE NECESSARY AND APPROPRIATE TO  ENSURE  THE  COMPLETION  WITHOUT
 DELAY OF ANY AND ALL APPLICABLE IMPASSE RESOLUTION PROCEDURES AUTHORIZED
 OR REQUIRED BY THIS ARTICLE.
   §  3.  Paragraph  (b)  of  subdivision  2  of section 210 of the civil
 service law, as amended by chapter 24 of the laws of 1969, is amended to
 read as follows:
   (b) Presumption. (I) For purposes of this subdivision an employee  who
 is  absent  from  work  without permission, or who abstains wholly or in
 part from the full performance of his duties in his normal manner  with-
 out  permission,  on  the  date  or dates when a strike occurs, shall be
 presumed to have engaged in such strike on such date or dates.
   (II) ANY STRIKE WHICH OCCURS ON A DATE OR DATES  MORE  THAN  ONE  YEAR
 AFTER THE EXPIRATION OF THE LAST AGREEMENT BETWEEN THE EMPLOYEE'S PUBLIC
 EMPLOYER  AND THE PUBLIC EMPLOYEE ORGANIZATION REPRESENTING SUCH EMPLOY-
 EE, OR, AS APPLICABLE, MORE THAN ONE YEAR AFTER DELIVERY OF AN  INTEREST
 ARBITRATION AWARD TO SUCH EMPLOYEE'S EMPLOYER AND PUBLIC EMPLOYEE ORGAN-
 IZATION  SHALL  BE  PRESUMED  TO HAVE BEEN ONE CAUSED BY ACTS OF EXTREME
 PROVOCATION WITHIN THE MEANING OF THIS ARTICLE.
   § 4. Paragraph (f) of subdivision  3  of  section  210  of  the  civil
 service  law,  as amended by chapter 677 of the laws of 1977, is amended
 to read as follows:
   (f) If the board determines that an employee organization has violated
 the provisions of subdivision one of this section, the board shall order
 forfeiture of the rights granted pursuant to the provisions of paragraph
 (b) of subdivision one, and subdivision three  of  section  two  hundred
 eight  of  this  [chapter] ARTICLE, for such specified period of time as
 the board shall determine, or, in the discretion of the  board,  for  an
 indefinite  period of time subject to restoration upon application, with
 notice to all interested parties,  supported  by  proof  of  good  faith
 compliance  with  the  requirements  of  subdivision one of this section
 since the date of such violation, such proof to  include,  for  example,
 the  successful  negotiation,  without a violation of subdivision one of
 this section, of a contract covering the employees in the unit  affected
 by  such  violation;  provided, however, that where a fine imposed on an
 employee organization pursuant  to  subdivision  two  of  section  seven
 hundred  fifty-one of the judiciary law remains wholly or partly unpaid,
 after the exhaustion of the cash and securities of the  employee  organ-
 ization,  the  board shall direct that, notwithstanding such forfeiture,
 such membership dues deduction shall be continued to the  extent  neces-
 sary  to  pay  such  fine  and  such public employer shall transmit such
 moneys to the court. In fixing  the  duration  of  the  forfeiture,  the
 board, OR ANY OTHER COURT OR OTHER TRIBUNAL AUTHORIZED BY LAW, INCLUDING
 WITHOUT LIMITATION SECTION SEVEN HUNDRED FIFTY-ONE OF THE JUDICIARY LAW,
 TO  DETERMINE  SUCH  ISSUE  shall  consider  all  the relevant facts and
 circumstances, including but not limited  to:  (i)  the  extent  of  any
 wilful  defiance  of subdivision one of this section; (ii) the impact of
 the strike on the public health, safety, and welfare  of  the  community
 [and];  (iii) the financial resources of the employee organization; [and
 the board may consider (i)] (IV) the refusal of the  employee  organiza-
 tion  or  the appropriate public employer or the representative thereof,
 to submit to the [mediation and fact-finding] IMPASSE RESOLUTION  proce-
 dures  provided  in section two hundred nine OF THIS ARTICLE; and [(ii)]
 (V) whether, if so alleged by the employee organization, the appropriate
 public employer or its representatives engaged in such acts  of  extreme
 A. 4739                             3
 
 provocation as to detract from the responsibility of the employee organ-
 ization  for  the  strike. In determining the financial resources of the
 employee organization, the board shall consider both the income and  the
 assets  of  such employee organization. In the event membership dues are
 collected by the public employer as provided in paragraph (b) of  subdi-
 vision  one  of section two hundred eight of this [chapter] ARTICLE, the
 books and records of such public employer shall be prima facie  evidence
 of the amount so collected.
   § 5. This act shall take effect immediately.