Senate Bill S9253

                                 
BILL NUMBER: S9253

SPONSOR: JACKSON
 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend subdivision 7 of § 201 of the Civil
Service Law to clarify the definition and status of "managerial" and
"confidential" employees. The section maintains that such employees
shall not be included in collective bargaining units with other employ-
ees and shall not engage in collective bargaining. However, it expressly
permits managerial and confidential employees to form, join, or be
represented by employee organizations for purposes other than collective
bargaining, including consultation, advocacy, representation in disci-
plinary proceedings, and other lawful concerted activities. The section
further directs the Public Employment Relations Board (PERB) to estab-
lish procedures for the recognition or certification of such employee
organizations consistent with Article 14 of the Civil Service Law.

Section 2 of this bill would amend § 204 of the Civil Service Law by
adding a new subdivision 4 to authorize the recognition or certification
of employee organizations representing managerial or confidential
employees, as defined in § 201(7). Such recognition entitles the organ-
ization to engage in representation and consultation activities on
behalf of its members, including disciplinary representation, workplace
              

advocacy, and policy discussions, but does not permit collective
bargaining over terms and conditions of employment. This section also
directs PERB to promulgate rules governing certification, decertif-
ication, and the rights of such organizations consistent with Article
14.

Section 3 of this bill would require PERB to adopt regulations necessary
to implement the provisions of the Act within 180 days of the effective
date of the Act. These regulations must include procedures for recogni-
tion or certification of managerial and confidential employee organiza-
tions, define the permissible scope of representation activities, and
provide protections against retaliation or discrimination based on
organizational activity.

Section 4 of this bill provides that if any clause, sentence, paragraph,
or part of the Act is adjudged invalid by a court of competent jurisdic-
tion, such judgment shall not affect the validity of the remaining
provisions.

Section 5 of this bill provides that the Act shall take effect on the
one hundred twentieth day after it becomes law. It further authorizes
PERB to promulgate any rules and regulations necessary to implement the
Act immediately upon enactment, to ensure timely implementation by the
effective date.

 
JUSTIFICATION:

Public employees designated as managerial or confidential under Section
201.7 of the Civil Service Law perform critical functions in government
operations, but their exclusion from collective representation under-
mines principles of fairness, workplace democracy, and effective labor-
management relations.

Providing a mechanism for the recognition or certification of employee
organizations representing these employees, while preserving the state's
interests in labor negotiations, is necessary to maintain a productive
and respectful work environment.

We propose to amend the Civil Service Law to permit managerial and
confidential employees of the State of New York to be represented by
employee organizations for purposes other than collective bargaining,
subject to appropriate limitations.

 
LEGISLATIVE HISTORY:

This is a new bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

No fiscal implications.

 
EFFECTIVE DATE:
This Act shall take effect on the one hundred twentieth day after it
shall have become law. Effective immediately, the Public Employment
Relations Board is authorized to promulgate any rules and regulations
necessary to implement the provisions of this Act on or before such
date.