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A00109 Summary:

Amd 715, Lab L; rpld 35 sub (c), amd 41 & 201, Civ Serv L
Relates to the designation and rights of legislative employees; designates employees of the legislature as being in the exempt class of classified service and includes the legislature as a public employer.
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A00109 Actions:

01/06/2021referred to governmental employees
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A00109 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the labor law and the civil service law, in relation to the designation and rights of employees of the legislature; and to repeal certain provisions of the civil service law relating thereto   PURPOSE OR GENERAL IDEA OF BILL: To allow state legislative employees to form a union   SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 715 of the labor law. Section 2 repeals subdivision (c) of section 35 of the civil service law. Section 3 amends section 41 of the civil service law. Section 4 amends section 201 of the civil service law. Section 5 sets the effective date.   JUSTIFICATION: In February 2019, the Legislature held historic public hearings into legislative employee's experience with sexual harassment. These hearings were the first held on the subject in twenty-five years, despite the well-documented and extensively reported problems with sexual harassment in the Legislature. In large part, the delay is due to the reticence of the Legislature to examine internal deficiencies that allowed such abuse to flourish. Legislative employees are particularly vulnerable to a variety of abuses due to the nature of their jobs. They can be fired at any time for any reason, or no reason at all. The nature of their employment is highly unregulated. In order to report abuse that they experience or observe, they have to navigate the politics of the legislative body, knowing that reporting is still a violation of institutional norms. While retaliation is officially verboten, it happens, putting those who report at risk of being out of a job while their complaints are investigated. At best, they will then be reinstated in an office with an elected official who already tried to fire them. Beyond these vulnerabilities, legislative employees are prevented from advocating for their own working conditions. Working hours, salaries, work locations, equipment and job descriptions are all solely based on the whims of the member. There is no formal or informal way for staff to join together to fight for better conditions. No legislative body can function without dedicated staff. However, while their members fight for fair working conditions for union members in their districts, their own staffers are often denied those same rights. It's long past time to change our laws to allow legislative staffers to organize, form a union and advocate for themselves.   PRIOR LEGISLATIVE HISTORY: 2019 - 2020: A9623   FISCAL IMPLICATIONS: TBD   EFFECTIVE DATE: Immediately
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A00109 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                     January 6, 2021
        Introduced  by  M.  of  A. QUART, REYES -- read once and referred to the
          Committee on Governmental Employees
        AN ACT to amend the labor law and the civil service law, in relation  to
          the  designation  and  rights  of employees of the legislature; and to
          repeal certain provisions of the civil service law relating thereto
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Section 715 of the labor law, as amended by chapter 890 of
     2  the laws of 1968, is amended to read as follows:
     3    § 715. Application of article. The provisions of  this  article  shall
     4  not apply to: [(1)] employees of any employer who concedes to and agrees
     5  with  the  board that such employees are subject to and protected by the
     6  provisions of the national labor relations act or  the  federal  railway
     7  labor  act[;  or (2) employees of the state or of any political or civil
     8  subdivision or other agency thereof].
     9    § 2. Subdivision (c) of  section  35  of  the  civil  service  law  is
    10  REPEALED.
    11    § 3. Paragraph (e) of subdivision 1 of section 41 of the civil service
    12  law,  as  added by chapter 790 of the laws of 1958, is amended and a new
    13  paragraph (f) is added to read as follows:
    14    (e) all other subordinate offices or  positions  for  the  filling  of
    15  which  competitive or non-competitive examination may be found to be not
    16  practicable. Not more than one appointment shall be made to or under the
    17  title of any office or position placed in the exempt class  pursuant  to
    18  the  provisions  of this paragraph, unless a different number is specif-
    19  ically prescribed in the rules[.];
    20    (f) all officers and employees of the state legislature, and all offi-
    21  cers and employees of any other legislative body whose  principal  func-
    22  tions and duties are directly related to the performance of the legisla-
    23  tive functions of such body.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 109                              2
     1    §  4.  Paragraph  (a)  of  subdivision  6  of section 201 of the civil
     2  service law, as amended by chapter 597 of the laws of 2000,  is  amended
     3  to read as follows:
     4    (a)  The term "government" or "public employer" means (i) the state of
     5  New York, (ii) a county, city, town,  village  or  any  other  political
     6  subdivision  or  civil division of the state, (iii) a school district or
     7  any governmental entity operating a public school, college or  universi-
     8  ty, (iv) a public improvement or special district, (v) a public authori-
     9  ty,  commission,  or  public  benefit corporation, (vi) any other public
    10  corporation, agency or instrumentality or unit of government which exer-
    11  cises governmental powers under the laws of the state,[or] (vii) in  the
    12  case  of a county sheriff's office in those counties where the office of
    13  sheriff is an elected position, both the county and the  sheriff,  shall
    14  be  designated as a joint public employer for all purposes of this arti-
    15  cle, or (viii) a legislative body.
    16    § 5. This act shall take effect immediately.
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