S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2394--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
   -- recommitted to the Committee  on  Civil  Service  and  Pensions  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the civil service law, in relation to employee represen-
   tation of state employees designated managerial or confidential
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 208 of the civil service law is amended by adding a
 new subdivision 4-a to read as follows:
   4-A. (A) WITHIN THIRTY DAYS OF A PUBLIC EMPLOYEE FIRST BEING  EMPLOYED
 OR  REEMPLOYED  BY  A  PUBLIC  EMPLOYER,  OR WITHIN THIRTY DAYS OF BEING
 PROMOTED OR TRANSFERRED WITHIN THE EXISTING EMPLOYING AGENCY  OR  A  NEW
 EMPLOYING  AGENCY,  THE  PUBLIC  EMPLOYER  SHALL NOTIFY ANY ORGANIZATION
 INCORPORATED PRIOR TO NINETEEN HUNDRED EIGHTY THAT EXCLUSIVELY ADVOCATES
 FOR PUBLIC EMPLOYEES COVERED UNDER SECTION TWO HUNDRED FOURTEEN OF  THIS
 ARTICLE, WITH THE EXCEPTION OF COLLECTIVE NEGOTIATION, OF THE EMPLOYEE'S
 NAME,  ADDRESS, JOB TITLE, EMPLOYING AGENCY, DEPARTMENT OR OTHER OPERAT-
 ING UNIT, AND WORK LOCATION; AND
   (B) WITHIN THIRTY DAYS OF PROVIDING NOTICE IN PARAGRAPH  (A)  OF  THIS
 SUBDIVISION,  A  PUBLIC  EMPLOYER SHALL ALLOW A DULY APPOINTED REPRESEN-
 TATIVE OF ANY ORGANIZATION INCORPORATED PRIOR TO NINETEEN HUNDRED EIGHTY
 THAT EXCLUSIVELY ADVOCATES FOR PUBLIC EMPLOYEES  COVERED  UNDER  SECTION
 TWO  HUNDRED  FOURTEEN OF THIS ARTICLE, WITH THE EXCEPTION OF COLLECTIVE
 NEGOTIATION, TO MEET WITH SUCH EMPLOYEE FOR A REASONABLE AMOUNT OF  TIME
 DURING  HIS  OR  HER  WORK  TIME WITHOUT CHARGE TO LEAVE CREDITS, UNLESS
 OTHERWISE SPECIFIED WITHIN AN EXISTING AGREEMENT,  POLICY  OR  PROCEDURE
 CURRENTLY  EXISTING  FOR  PUBLIC  EMPLOYEES    COVERED UNDER SECTION TWO
 HUNDRED FOURTEEN OF THIS ARTICLE, PROVIDED, HOWEVER, THAT  THE  ARRANGE-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06697-02-4
              

 S. 2394--A                          2
 
 MENTS  FOR  SUCH MEETING MUST BE SCHEDULED IN CONSULTATION WITH A DESIG-
 NATED REPRESENTATIVE OF THE PUBLIC EMPLOYER; AND
   (C)  UPON  THE REQUEST OF ANY ORGANIZATION INCORPORATED PRIOR TO NINE-
 TEEN HUNDRED EIGHTY THAT  EXCLUSIVELY  ADVOCATES  FOR  PUBLIC  EMPLOYEES
 COVERED  UNDER  SECTION  TWO  HUNDRED FOURTEEN OF THIS ARTICLE, WITH THE
 EXCEPTION OF COLLECTIVE NEGOTIATION, AND IF THE PUBLIC EMPLOYER CONDUCTS
 NEW EMPLOYEE ORIENTATIONS, THE PUBLIC EMPLOYER SHALL PROVIDE ANY  ORGAN-
 IZATION  INCORPORATED  PRIOR TO NINETEEN HUNDRED EIGHTY THAT EXCLUSIVELY
 ADVOCATES FOR PUBLIC EMPLOYEES COVERED UNDER SECTION TWO  HUNDRED  FOUR-
 TEEN  OF  THIS  ARTICLE,  WITH  THE EXCEPTION OF COLLECTIVE NEGOTIATION,
 MANDATORY ACCESS TO SUCH NEW EMPLOYEE  ORIENTATIONS.  SUCH  ORGANIZATION
 SHALL  RECEIVE  NOT  LESS  THAN TEN DAYS' NOTICE IN ADVANCE OF AN ORIEN-
 TATION, EXCEPT THAT A SHORTER NOTICE  MAY  BE  PROVIDED  IN  A  SPECIFIC
 INSTANCE  WHERE THERE IS AN URGENT NEED CRITICAL TO THE EMPLOYER'S OPER-
 ATIONS THAT WAS NOT REASONABLY FORESEEABLE TO PROVIDE SUCH  NOTICE.  THE
 STRUCTURE,  TIME, AND MANNER OF EXCLUSIVE REPRESENTATIVE ACCESS SHALL BE
 DETERMINED THROUGH MUTUAL AGREEMENT BETWEEN SUCH  ORGANIZATION  AND  THE
 EMPLOYER.
   § 2. This act shall take effect immediately.