STATE OF NEW YORK
________________________________________________________________________
5249
2013-2014 Regular Sessions
IN ASSEMBLY
February 21, 2013
___________
Introduced by M. of A. TENNEY, KATZ, LALOR -- read once and referred to
the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to suspending the
Triborough amendment; directing the mandate relief redesign team to
prepare a list of unfunded mandates; and providing for the repeal of
such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 209-a of the civil service law, as
2 amended by chapter 244 of the laws of 2007, is amended to read as
3 follows:
4 1. Improper employer practices. It shall be an improper practice for a
5 public employer or its agents deliberately (a) to interfere with,
6 restrain or coerce public employees in the exercise of their rights
7 guaranteed in section two hundred two of this article for the purpose of
8 depriving them of such rights; (b) to dominate or interfere with the
9 formation or administration of any employee organization for the purpose
10 of depriving them of such rights; (c) to discriminate against any
11 employee for the purpose of encouraging or discouraging membership in,
12 or participation in the activities of, any employee organization; (d) to
13 refuse to negotiate in good faith with the duly recognized or certified
14 representatives of its public employees; (e) [to refuse to continue all
15 the terms of an expired agreement until a new agreement is negotiated,
16 unless the employee organization which is a party to such agreement has,
17 during such negotiations or prior to such resolution of such negoti-
18 ations, engaged in conduct violative of subdivision one of section two
19 hundred ten of this article; (f)] to utilize any state funds appropri-
20 ated for any purpose to train managers, supervisors or other administra-
21 tive personnel regarding methods to discourage union organization or to
22 discourage an employee from participating in a union organizing drive;
23 or [(g)] (f) to fail to permit or refuse to afford a public employee the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05904-01-3
A. 5249 2
1 right, upon the employee's demand, to representation by a representative
2 of the employee organization, or the designee of such organization,
3 which has been certified or recognized under this article when at the
4 time of questioning by the employer of such employee it reasonably
5 appears that he or she may be the subject of a potential disciplinary
6 action. If representation is requested, and the employee is a potential
7 target of disciplinary action at the time of questioning, a reasonable
8 period of time shall be afforded to the employee to obtain such repre-
9 sentation. It shall be an affirmative defense to any improper practice
10 charge under paragraph [(g)] (f) of this subdivision that the employee
11 has the right, pursuant to statute, interest arbitration award, collec-
12 tively negotiated agreement, policy or practice, to present to a hearing
13 officer or arbitrator evidence of the employer's failure to provide
14 representation and to obtain exclusion of the resulting evidence upon
15 demonstration of such failure. Nothing in this section shall grant an
16 employee any right to representation by the representative of an employ-
17 ee organization in any criminal investigation.
18 § 2. The Mandate Relief Redesign Team, as established by Executive
19 Order Number Six of 2011, shall prepare a list of unfunded mandates on
20 local governments and an estimate of the cost thereof. The Mandate
21 Relief Redesign Team shall complete such list and submit it to the
22 governor and the legislature no later than two years after the effective
23 date of this act.
24 § 3. Severability. If any clause, sentence, paragraph, section or part
25 of this act shall be adjudged by any court of competent jurisdiction to
26 be invalid and after exhaustion of all further judicial review, the
27 judgment shall not affect, impair or invalidate the remainder thereof,
28 but shall be confined in its operation to the clause, sentence, para-
29 graph, section or part of this act directly involved in the controversy
30 in which the judgment shall have been rendered.
31 § 4. This act shall take effect immediately and shall expire and be
32 deemed repealed 2 years after such date.
