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SECTION 210
Prohibition of strikes
Civil Service (CVS) CHAPTER 7, ARTICLE 14
§ 210. Prohibition of strikes. 1. No public employee or employee
organization shall engage in a strike, and no public employee or
employee organization shall cause, instigate, encourage, or condone a
strike.

2. Violations and penalties; presumption; prohibition against consent
to strike; determination; notice; probation; payroll deductions;
objections; and restoration. (a) Violations and penalties. A public
employee shall violate this subdivision by engaging in a strike or
violating paragraph (c) of this subdivision and shall be liable as
provided in this subdivision pursuant to the procedures contained
herein. In addition, any public employee who violates subdivision one of
this section may be subject to removal or other disciplinary action
provided by law for misconduct.

(b) Presumption. 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 without
permission, on the date or dates when a strike occurs, shall be presumed
to have engaged in such strike on such date or dates.

(c) Prohibition against consent to strike. No person exercising on
behalf of any public employer any authority, supervision or direction
over any public employee shall have the power to authorize, approve,
condone or consent to a strike, or the engaging in a strike, by one or
more public employees, and such person shall not authorize, approve,
condone or consent to such strike or engagement.

(d) Determination. In the event that it appears that a violation of
this subdivision may have occurred, the chief executive officer of the
government involved shall, on the basis of such investigation and
affidavits as he may deem appropriate, determine whether or not such
violation has occurred and the date or dates of such violation. If the
chief executive officer determines that such violation has occurred, he
shall further determine, on the basis of such further investigation and
affidavits as he may deem appropriate, the names of employees who
committed such violation and the date or dates thereof. Such
determination shall not be deemed to be final until the completion of
the procedures provided for in this subdivision.

(e) Notice. The chief executive officer shall forthwith notify each
employee that he has been found to have committed such violation, the
date or dates thereof and of his right to object to such determination
pursuant to paragraph (g) of this subdivision; he shall also notify the
chief fiscal officer of the names of all such employees and of the total
number of days, or part thereof, on which it has been determined that
such violation occurred. Notice to each employee shall be by personal
service or by certified mail to his last address filed by him with his
employer.

(f) Payroll deductions. Not earlier than thirty nor later than ninety
days following the date of such determination, the chief fiscal officer
of the government involved shall deduct from the compensation of each
such public employee an amount equal to twice his daily rate of pay for
each day or part thereof that it was determined that he had violated
this subdivision; such rate of pay to be computed as of the time of such
violation. In computing such deduction, credit shall be allowed for
amounts already withheld from such employee's compensation on account of
his absence from work or other withholding of services on such day or
days. In computing the aforesaid thirty to ninety day period of time
following the determination of a violation pursuant to subdivision (d)
of paragraph two of this section and where the employee's annual
compensation is paid over a period of time which is less than fifty-two
weeks, that period of time between the last day of the last payroll
period of the employment term in which the violation occurred and the
first day of the first payroll period of the next succeeding employment
term shall be disregarded and not counted.

(g) Objections and restoration. Any employee determined to have
violated this subdivision may object to such determination by filing
with the chief executive officer, (within twenty days of the date on
which notice was served or mailed to him pursuant to paragraph (e) of
this subdivision) his sworn affidavit, supported by available
documentary proof, containing a short and plain statement of the facts
upon which he relies to show that such determination was incorrect. Such
affidavit shall be subject to the penalties of perjury. If the chief
executive officer shall determine that the affidavit and supporting
proof establishes that the employee did not violate this subdivision, he
shall sustain the objection. If the chief executive officer shall
determine that the affidavit and supporting proof fails to establish
that the employee did not violate this subdivision, he shall dismiss the
objection and so notify the employee. If the chief executive officer
shall determine that the affidavit and supporting proof raises a
question of fact which, if resolved in favor of the employee, would
establish that the employee did not violate this subdivision, he shall
appoint a hearing officer to determine whether in fact the employee did
violate this subdivision after a hearing at which such employee shall
bear the burden of proof. If the hearing officer shall determine that
the employee failed to establish that he did not violate this
subdivision, the chief executive officer shall so notify the employee.
If the chief executive officer sustains an objection or the hearing
officer determines on a preponderance of the evidence that such employee
did not violate this subdivision, the chief executive officer shall
forthwith notify the chief fiscal officer who shall thereupon cease all
further deductions and refund any deductions previously made pursuant to
this subdivision. The determinations provided in this paragraph shall be
reviewable pursuant to article seventy-eight of the civil practice law
and rules.

3. (a) An employee organization which is determined by the board to
have violated the provisions of subdivision one of this section shall,
in accordance with the provisions of this section, lose the rights
granted pursuant to the provisions of paragraph (b) of subdivision one
of section two hundred eight of this chapter.

(b) In the event that it appears that a violation of subdivision one
of this section may have occurred, it shall be the duty of the chief
executive officer of the public employer involved (i) forthwith to so
notify the board and the chief legal officer of the government involved,
and (ii) to provide the board and such chief legal officer with such
facilities, assistance and data as will enable the board and such chief
legal officer to carry out their duties under this section.

(c) In the event that it appears that a violation of subdivision one
of this section may have occurred, the chief legal officer of the
government involved, or the board on its own motion, shall forthwith
institute proceedings before the board to determine whether such
employee organization has violated the provisions of subdivision one of
this section.

(d) Proceedings against an employee organization under this section
shall be commenced by service upon it of a written notice, together with
a copy of the charges. A copy of such notice and charges shall also be
served, for their information, upon the appropriate government officials
who recognize such employee organization and grant to it the rights
accompanying such recognition. The employee organization shall have
eight days within which to serve its written answer to such charges. The
board's hearing shall be held promptly thereafter and at such hearing,
the parties shall be permitted to be represented by counsel and to
summon witnesses in their behalf. Compliance with the technical rules of
evidence shall not be required.

(e) In determining whether an employee organization has violated
subdivision one of this section, the board shall consider (i) whether
the employee organization called the strike or tried to prevent it, and
(ii) whether the employee organization made or was making good faith
efforts to terminate the strike.

(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, 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 organization,
the board shall direct that, notwithstanding such forfeiture, such
membership dues deduction shall be continued to the extent necessary to
pay such fine and such public employer shall transmit such moneys to the
court. In fixing the duration of the forfeiture, the board 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) the refusal of the
employee organization or the appropriate public employer or the
representative thereof, to submit to the mediation and fact-finding
procedures provided in section two hundred nine and (ii) whether, if so
alleged by the employee organization, the appropriate public employer or
its representatives engaged in such acts of extreme provocation as to
detract from the responsibility of the employee organization 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 subdivision one
of section two hundred eight of this chapter, the books and records of
such public employer shall be prima facie evidence of the amount so
collected.

(g) An employee organization whose rights granted pursuant to the
provisions of paragraph (b) of subdivision one, and subdivision three of
section two hundred eight of this article have been ordered forfeited
pursuant to this section may be granted such rights after the
termination of such forfeiture only after complying with the provisions
of clause (b) of subdivision three of section two hundred seven of this
article.

(h) No compensation shall be paid by a public employer to a public
employee with respect to any day or part thereof when such employee is
engaged in a strike against such employer. The chief fiscal officer of
the government involved shall withhold such compensation upon receipt of
the notice provided by paragraph (e) of subdivision two of section two
hundred ten; notwithstanding the failure to have received such notice,
no public employee or officer having knowledge that such employee has so
engaged in such a strike shall deliver or caused to be delivered to such
employee any cash, check or payment which, in whole or in part,
represents such compensation.

4. Within sixty days of the termination of a strike, the chief
executive officer of the government involved shall prepare and make
public a report in writing, which shall contain the following
information: (a) the circumstances surrounding the commencement of the
strike, (b) the efforts used to terminate the strike, (c) the names of
those public employees whom the public officer or body had reason to
believe were responsible for causing, instigating or encouraging the
strike and (d) related to the varying degrees of individual
responsibility, the sanctions imposed or proceedings pending against
each such individual public employee.