A03560 Summary:

BILL NO    A03560 

SAME AS    No same as

SPONSOR    Perry

COSPNSR    

MLTSPNSR   

Amd S213, Civ Serv L

Authorizes court to order temporary employee increase during pendency of court
ordered injunctive relief in favor of the employer.

A03560 Actions:

BILL NO    A03560 

01/27/2009 referred to governmental employees
01/06/2010 referred to governmental employees

A03560 Votes:

A03560 Memo:

 BILL NUMBER:  A3560

 TITLE OF BILL :  An act to amend the civil service law, in relation
to ordering a temporary cost of living increase to employees after a
court grants an injunction in response to a strike

 PURPOSE OR GENERAL IDEA OF BILL :

To provide an incentive by law for a more equal collective bargaining
environment for employers to bargain in good faith where the employees
right to legally strike is prohibited.

 SUMMARY OF SPECIFIC PROVISIONS :

Amends subdivision (d) of section 213 of the civil service law, as
amended by chapter 503 of the laws of 1971, and provides that where
the court orders injunctive relief it shall also order a temporary
cost of living increase in salary to be paid to employees during the
pendency of such injunctive relief and expiration of labor contract.
Such cost of living adjustment shall be the greater of either the
current rate of inflation or the average rate of inflation during the
employees' most recent contract period, or as court determined and
shall not be binding on the terms of the newly negotiated contract.

 JUSTIFICATION :

The United States Constitution recognizes and guarantees the rights of
all individuals to assemble and freely speak. These rights are further
acknowledged and protected by the New York State Public Employees Fair
Employment Act ("Taylor Law") which holds "that is the public policy
of the state and this act to promote harmonious and cooperative
relationships between government and its employees" in the collective
labor bargaining process.

While the meritorious intent of the original law makers and the need
for the Taylor Law are incontrovertible the evolution of modern day
labor issues necessitates a corresponding change in the statute.
Today's laborers face ever increasing costs in real estate, education
and healthcare. Without the right to withhold that which is most
important to the employer the laborer becomes incessantly
disadvantaged and beholden to the will of the employer.

This legislation will provide an incentive for the employer to bargain
in good faith and encourage all parties to swiftly compromise while
temporarily benefiting the laborer with just financial assistance.

 PRIOR LEGISLATIVE HISTORY :

2006-2008 A.5660 2005-2006 A.10362

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
This act shall take effect immediately.