STATE OF NEW YORK
________________________________________________________________________
2655
2011-2012 Regular Sessions
IN SENATE
January 27, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Civil Service and Pensions
AN ACT to amend the civil service law, in relation to strikes by public
employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 200 of the civil service law, as amended by chapter
2 24 of the laws of 1969, is amended to read as follows:
3 § 200. Statement of policy. The legislature of the state of New York
4 declares that it is the public policy of the state and the purpose of
5 this [act] article to promote harmonious and cooperative relationships
6 between government and its employees and to protect the public by assur-
7 ing, at all times, the orderly and uninterrupted operations and func-
8 tions of government. These policies are best effectuated by (a) grant-
9 ing to public employees the right of organization and representation,
10 (b) requiring the state, local governments and other political subdivi-
11 sions to negotiate with, and enter into written agreements with employee
12 organizations representing public employees which have been certified or
13 recognized, (c) encouraging such public employers and such employee
14 organizations to agree upon procedures for resolving disputes, (d)
15 creating a public employment relations board to assist in resolving
16 disputes between public employees and public employers, and (e) continu-
17 ing the prohibition against strikes by public employees except as
18 provided for in this article and providing remedies for violations of
19 such prohibition.
20 § 2. Subdivision 1 of section 210 of the civil service law, as amended
21 by chapter 24 of the laws of 1969, is amended to read as follows:
22 1. No public employee or employee organization shall engage in a
23 strike, and no public employee or employee organization shall cause,
24 instigate, encourage, or condone a strike; provided, however, that if a
25 strike by public employees occurs after the collective negotiation proc-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06407-01-1
S. 2655 2
1 ess set forth in section two hundred nine of this article has been
2 completely utilized and exhausted, it shall not be prohibited.
3 § 3. Paragraph (a) of subdivision 2 of section 210 of the civil
4 service law, as amended by chapter 24 of the laws of 1969, is amended to
5 read as follows:
6 (a) Violations and penalties. [A] Except as otherwise provided in
7 subdivision one of this section, a public employee shall violate this
8 subdivision by engaging in a strike or violating paragraph (c) of this
9 subdivision and shall be liable as provided in this subdivision pursuant
10 to the procedures contained herein. In addition, any public employee
11 who violates subdivision one of this section may be subject to removal
12 or other disciplinary action provided by law for misconduct.
13 § 4. Paragraph (h) of subdivision 3 of section 210 of the civil
14 service law, as amended by chapter 24 of the laws of 1969, is amended to
15 read as follows:
16 (h) No compensation shall be paid by a public employer to a public
17 employee with respect to any day or part thereof when such employee is
18 engaged in a strike against such employer in violation of subdivision
19 one of this section. The chief fiscal officer of the government involved
20 shall withhold such compensation upon receipt of the notice provided by
21 paragraph (e) of subdivision two of this section [two hundred ten];
22 notwithstanding the failure to have received such notice, no public
23 employee or officer having knowledge that such employee has so engaged
24 in such a strike shall deliver or [caused] cause to be delivered to such
25 employee any cash, check or payment which, in whole or in part, repres-
26 ents such compensation.
27 § 5. This act shall take effect immediately.
