Removes the requirement that a public employer continue terms of an expired agreement until a new agreement is negotiated with an employee organization.
STATE OF NEW YORK
________________________________________________________________________
5524
2021-2022 Regular Sessions
IN ASSEMBLY
February 19, 2021
___________
Introduced by M. of A. FITZPATRICK, TAGUE -- Multi-Sponsored by -- M. of
A. MANKTELOW -- read once and referred to the Committee on Govern-
mental Employees
AN ACT to amend the civil service law, in relation to removing the
requirement that a public employer continue terms of an expired agree-
ment until a new agreement is negotiated with an employee organization
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, paragraphs (f) and (g) as
3 amended by section 1 of part E of chapter 55 of the laws of 2019, and
4 paragraph (h) as amended by section 1 of part W of chapter 55 of the
5 laws of 2020, is amended to read as follows:
6 1. Improper employer practices. It shall be an improper practice for a
7 public employer or its agents deliberately (a) to interfere with,
8 restrain or coerce public employees in the exercise of their rights
9 guaranteed in section two hundred two of this article for the purpose of
10 depriving them of such rights; (b) to dominate or interfere with the
11 formation or administration of any employee organization for the purpose
12 of depriving them of such rights; (c) to discriminate against any
13 employee for the purpose of encouraging or discouraging membership in,
14 or participation in the activities of, any employee organization; (d) to
15 refuse to negotiate in good faith with the duly recognized or certified
16 representatives of its public employees; (e) [to refuse to continue all
17 the terms of an expired agreement until a new agreement is negotiated,
18 unless the employee organization which is a party to such agreement has,
19 during such negotiations or prior to such resolution of such negoti-
20 ations, engaged in conduct violative of subdivision one of section two
21 hundred ten of this article; (f)] to utilize any state funds appropri-
22 ated for any purpose to train managers, supervisors or other administra-
23 tive personnel regarding methods to discourage union organization or to
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08108-01-1
A. 5524 2
1 discourage an employee from participating in a union organizing drive;
2 [(g)] (f) to fail to permit or refuse to afford a public employee the
3 right, upon the employee's demand, to representation by a representative
4 of the employee organization, or the designee of such organization,
5 which has been certified or recognized under this article when at the
6 time of questioning by the employer of such employee it reasonably
7 appears that he or she may be the subject of a potential disciplinary
8 action. If representation is requested, and the employee is a potential
9 target of disciplinary action at the time of questioning, a reasonable
10 period of time shall be afforded to the employee to obtain such repre-
11 sentation. It shall be an affirmative defense to any improper practice
12 charge under paragraph [(g)] (f) of this subdivision that the employee
13 has the right, pursuant to statute, interest arbitration award, collec-
14 tively negotiated agreement, policy or practice, to present to a hearing
15 officer or arbitrator evidence of the employer's failure to provide
16 representation and to obtain exclusion of the resulting evidence upon
17 demonstration of such failure. Nothing in this section shall grant an
18 employee any right to representation by the representative of an employ-
19 ee organization in any criminal investigation; or [(h)] (g) to disclose
20 home addresses, personal telephone numbers, personal cell phone numbers,
21 personal e-mail addresses of a public employee, as the term "public
22 employee" is defined in subdivision seven of section two hundred one of
23 this article, except (i) where required pursuant to the provisions of
24 this article, (ii) to the extent compelled to do so by lawful service of
25 process, subpoena, court order, or (iii) in accordance with subdivision
26 four of section two hundred eight of this article, or as otherwise
27 required by law. This paragraph shall not prohibit other provisions of
28 law regarding work-related, publicly available information such as
29 title, salary, and dates of employment.
30 § 2. This act shall take effect immediately.