Relates to the negotiability of discipline in a collective bargaining agreement; includes discipline and disciplinary procedures as terms and conditions of employment.
STATE OF NEW YORK
________________________________________________________________________
5597
2009-2010 Regular Sessions
IN ASSEMBLY
February 13, 2009
___________
Introduced by M. of A. ABBATE, PHEFFER -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to the negotiability
of discipline affecting public employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings and declarations. The legislature
2 hereby finds, declares and reaffirms that the 1967 Public Employee's
3 Fair Employment Act establishes that the public policy of the state, and
4 the purpose of the Act, is to promote harmonious and cooperative
5 relationships between government and its employees and to protect the
6 public by assuring, at all times, the orderly and uninterrupted opera-
7 tion and functions of government. Included among the policies adopted
8 was the requirement that the state, local governments, and other poli-
9 tical subdivisions negotiate and enter into agreements with employee
10 organizations about terms and conditions of employment. Over the many
11 years subsequent to the enactment of the Act, the negotiability of
12 discipline, including disciplinary procedures, has been incorporated
13 into collective bargaining agreements throughout the state. The legisla-
14 ture now declares that this practice of negotiating fair disciplinary
15 protections and procedures for public employees must continue.
16 Recent court decisions involving public employees has erroneously
17 declared that the "public policy" of the state is to prohibit absolutely
18 the negotiation of disciplinary procedures in certain places where there
19 exist legislative enactments on the subject of discipline. The legisla-
20 ture declares a necessity for the enactment of this act to ensure that
21 discipline, including disciplinary procedures, will continue as a manda-
22 tory subject of collective negotiation to enhance the prohibition
23 against strikes and the protection against the destruction of vital
24 public services delivered by public employees throughout the state.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09093-01-9
A. 5597 2
1 § 2. Subdivision 4 of section 201 of the civil service law, as amended
2 by chapter 606 of the laws of 1992, is amended to read as follows:
3 4. The term "terms and conditions of employment" means salaries,
4 wages, hours, discipline, and disciplinary procedures including alterna-
5 tives to any statutory disciplinary system provided, however, that any
6 right of a public employee under the terms of any state law to elect
7 coverage under either a statutory disciplinary system or a disciplinary
8 system established by collective negotiations shall not be impaired,
9 unless any such state law authorizes exclusivity of a negotiated disci-
10 plinary system, and other terms and conditions of employment provided,
11 however, that such term shall not include any benefits provided by or to
12 be provided by a public retirement system, or payments to a fund or
13 insurer to provide an income for retirees, or payment to retirees or
14 their beneficiaries. No such retirement benefits shall be negotiated
15 pursuant to this article, and any benefits so negotiated shall be void.
16 § 3. This act shall take effect immediately.
