Legislation

Search OpenLegislation Statutes
This entry was published on 2020-04-10
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 208
Rights accompanying certification or recognition
Civil Service (CVS) CHAPTER 7, ARTICLE 14
§ 208. Rights accompanying certification or recognition. 1. A public
employer shall extend to an employee organization certified or
recognized pursuant to this article the following rights:

(a) to represent the employees in negotiations notwithstanding the
existence of an agreement with an employee organization that is no
longer certified or recognized, and in the settlement of grievances; and

(b) to membership dues deduction, upon presentation of dues deduction
authorization cards signed by individual employees. A public employer
shall commence making such deductions as soon as practicable, but in no
case later than thirty days after receiving proof of a signed dues
deduction authorization card; and such dues shall be transmitted to the
certified or recognized employee organization within thirty days of the
deduction. A public employer shall accept a signed authorization to
deduct from the salary of a public employee an amount for the payment of
his or her dues in any format permitted by article three of the state
technology law. The right to such membership dues deduction shall remain
in full force and effect until:

(i) an individual employee revokes membership in the employee
organization in writing in accordance with the terms of the signed
authorization; or

(ii) the individual employee is no longer employed by the public
employer, provided that if such employee is, within a period of one
year, employed by the same public employer in a position represented by
the same employee organization, the right to such dues deduction shall
be automatically reinstated.

(c) Should the individual employee who has signed a dues deduction
authorization card either be removed from a public employer's payroll or
otherwise placed on any type of involuntary or voluntary leave of
absence, whether paid or unpaid, such public employee's membership in an
employee organization shall be continued upon that public employee's
return to the payroll or restoration to active duty from such a leave of
absence.

(d) Unless otherwise specified by a collective bargaining agreement,
upon the request of the employee organization, not more than quarterly,
the employer shall provide the employee organization the name, address,
job title, employing agency or department or other operating unit and
work location of all employees of a bargaining unit.

2. An employee organization certified or recognized pursuant to this
article shall be entitled to unchallenged representation status until
seven months prior to the expiration of a written agreement between the
public employer and said employee organization determining terms and
conditions of employment. For the purposes of this subdivision, (a) any
such agreement for a term covering other than the fiscal year of the
public employer shall be deemed to expire with the fiscal year ending
immediately prior to the termination date of such agreement, (b) any
such agreement having a term in excess of three years shall be treated
as an agreement for a term of three years, provided, however, any such
agreement between the state and an employee organization representing
employees in the executive or judicial branches which commences in the
calendar year two thousand sixteen having a term in excess of three
years shall be treated as an agreement for a term certain specified in
such agreement but in no event for a term greater than four years, and
(c) extensions of any such agreement shall not extend the period of
unchallenged representation status.

3. (a) Notwithstanding provisions of and restrictions of sections two
hundred two and two hundred nine-a of this article, and section two
hundred one of the state finance law, every employee organization that
has been recognized or certified as the exclusive representative of
employees of the state within a negotiating unit of classified civil
service employees, employees within a negotiating unit of civilian state
employees of the division of military and naval affairs or employees in
a collective negotiating unit established pursuant to this article for
the professional services in the state university, for the members of
the state police or for the members of the capitol buildings police
force of the office of general services shall be entitled to have
deducted from the wage or salary of the employees in such negotiating
unit who are not members of said employee organization the amount
equivalent to the dues levied by such employee organization, and the
state comptroller shall make such deductions and transmit the sum so
deducted to such employee organization. Provided, however, that the
foregoing provisions of this subdivision shall only be applicable in the
case of an employee organization which has established and maintained a
procedure providing for the refund to any employee demanding the return
any part of an agency shop fee deduction which represents the employee's
pro rata share of expenditures by the organization in aid of activities
or causes of a political or ideological nature only incidentally related
to terms and conditions of employment. Nothing herein shall be deemed to
require an employee to become a member of such employee organization.

(b) Notwithstanding provisions of and restrictions of sections two
hundred two and two hundred nine-a of this article and section
ninety-three-b of the general municipal law, every employee organization
that has been recognized or certified as the exclusive representative of
employees within a negotiating unit of other than state employees shall
be entitled to have deducted from the wage or salary of employees of
such negotiating unit who are not members of said employee organization
the amount equivalent to the dues levied by such employee organization
and the fiscal or disbursing officer of the local government or
authority involved shall make such deductions and transmit the sum so
deducted to such employee organization. Provided, however, that the
foregoing provisions of this subdivision shall only be applicable in the
case of an employee organization which has established and maintained a
procedure providing for the refund to any employee demanding the return
of any part of an agency shop fee deduction which represents the
employee's pro rata share of expenditures by the organization in aid of
activities or causes of a political or ideological nature only
incidentally related to terms and conditions of employment. Nothing
herein shall be deemed to require an employee to become a member of such
employee organization.

4. (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 to a new bargaining unit, the public employer shall
notify the employee organization, if any, that represents that
bargaining unit of the employee's name, address, job title, employing
agency, department or other operating unit, and work location; and

(b) Within thirty days of providing the notice in paragraph a of this
subdivision, a public employer shall allow a duly appointed
representative of the employee organization that represents that
bargaining unit 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 agreement bargained collectively under
article fourteen of the civil service law, provided however that
arrangements for such meeting must be scheduled in consultation with a
designated representative of the public employer; and

(c) Upon the request of the certified and recognized employee
organization, and if the public employer conducts new employee
orientations, the public employer shall provide the employee
organization mandatory access to such new employee orientations. The
employee organization shall receive not less than ten days' notice in
advance of an orientation, except that a shorter notice may be provided
in a specific instance where there is an urgent need critical to the
employer's operations 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 the employer
and the employee organization.

5. (a) If any clause, sentence, paragraph, or subdivision of this
section shall be adjudged by a court of competent jurisdiction to be
unconstitutional or otherwise invalid, such judgment shall not affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, or subdivision of this
section directly involved in the controversy in which such judgment
shall have been rendered.

(b) If any clause, sentence, paragraph, or part of a signed
authorization shall be adjudged by a court of competent jurisdiction to
be unconstitutional or otherwise invalid, such determination shall not
affect, impair or invalidate the remainder of such signed authorization
but shall be confined in its operation to the clause, sentence,
paragraph, or part of the signed authorization directly involved in the
controversy in which such judgment shall have been rendered.