STATE OF NEW YORK
________________________________________________________________________
5778--A
Cal. No. 1344
2017-2018 Regular Sessions
IN SENATE
April 28, 2017
___________
Introduced by Sens. ALCANTARA, SAVINO, KLEIN, PERALTA, HAMILTON, VALE-
SKY, CARLUCCI, AVELLA, ADDABBO, BAILEY, COMRIE, GALLIVAN, LATIMER --
read twice and ordered printed, and when printed to be committed to
the Committee on Civil Service and Pensions -- reported favorably from
said committee, ordered to first and second report, ordered to a third
reading, amended and ordered reprinted, retaining its place in the
order of third reading
AN ACT to amend the civil service law, in relation to membership dues in
an employee organization and signed authorizations for deduction
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 159-d to read as follows:
3 § 159-d. Membership dues; signed authorization. 1. (a) A public
4 employer shall commence making deductions of membership dues in an
5 employee organization pursuant to a public employee's signed authori-
6 zation as soon as practicable but in no case later than thirty days
7 after receiving proof of a signed authorization.
8 (b) Any membership dues in an employee organization deducted from the
9 salary of a public employee shall be transmitted to the employee organ-
10 ization as soon as practicable but in no case later than thirty days
11 after the salary from which it is deducted is paid to the employee.
12 2. Within thirty days of a public employee first being paid after
13 being employed or reemployed by a public employer, or within thirty days
14 of being promoted or transferred to a new bargaining unit, the public
15 employer shall:
16 (a) notify the employee organization, if any, that represents that
17 bargaining unit of the employee's name, job title, work location, work
18 telephone number and hours of work; and
19 (b) allow a duly appointed representative of the employee organization
20 that represents that bargaining unit to meet with that employee during
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11206-06-7
S. 5778--A 2
1 work time, unless otherwise specified within an agreement bargained
2 collectively under article fourteen of the civil service law.
3 3. (a) Notwithstanding any other provision of law to the contrary, the
4 period of time that an authorization to deduct from the salary of a
5 public employee an amount for the payment of membership dues in an
6 employee organization shall remain in effect shall be the shorter of (i)
7 that set forth in the signed authorization, or (ii) as may be later
8 determined by a court of competent jurisdiction to be constitutionally
9 required or required by law.
10 (b) Notwithstanding any other provision of law to the contrary, the
11 period of time that a public employee shall have to withdraw a signed
12 authorization to deduct from his or her salary an amount for the payment
13 of membership dues in an employee organization prior to it being renewed
14 shall be the longer of (i) that set forth in the signed authorization,
15 or (ii) as may be later finally determined by a court of competent
16 jurisdiction to be constitutionally required or required by law.
17 4. A public employer shall accept a signed authorization to deduct
18 from the salary of a public employee an amount for the payment of his or
19 her membership dues in an employee organization in any format permitted
20 by article three of the state technology law.
21 5. Notwithstanding any other provision of law to the contrary, except
22 as provided in subdivision three of this section, any signed authori-
23 zation to deduct from the salary of a public employee an amount for the
24 payment of membership dues in an employee organization may be withdrawn
25 by such employee only in accordance with the terms of the signed author-
26 ization.
27 6. Notwithstanding any provision of article fourteen of this chapter
28 to the contrary, except as provided in subdivision three of this
29 section, as used in this section, the terms "public employee" and
30 "public employer" shall have the same meaning as set forth in section
31 two hundred one of this chapter, and the term "employee organization"
32 shall mean any employee organization, as that term is defined in section
33 two hundred one of this chapter, that has been certified or recognized
34 pursuant to article fourteen of this chapter or other applicable law as
35 the exclusive bargaining representative of public employees. Nothing in
36 this section shall be construed to make the comptroller of the state of
37 New York the public employer of any public employees except as set forth
38 in section two hundred one of this chapter.
39 7. (a) If any clause, sentence, paragraph, or subdivision of this
40 section shall be adjudged by a court of competent jurisdiction to be
41 unconstitutional or otherwise invalid, such judgment shall not affect,
42 impair or invalidate the remainder thereof, but shall be confined in its
43 operation to the clause, sentence, paragraph, or subdivision of this
44 section directly involved in the controversy in which such judgment
45 shall have been rendered.
46 (b) If any clause, sentence, paragraph, or part of a signed authori-
47 zation shall be adjudged by a court of competent jurisdiction to be
48 unconstitutional or otherwise invalid, such determination shall not
49 affect, impair or invalidate the remainder of such signed authorization
50 but shall be confined in its operation to the clause, sentence, para-
51 graph, or part of the signed authorization directly involved in the
52 controversy in which such judgment shall have been rendered.
53 § 2. This act shall take effect immediately.