NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7157
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the civil service law, in relation to providing home
addresses of certain employees to employee organizations
PURPOSE:
The purpose of this bill is to clarify information that public sector
employers are required to provide to employee organizations.
SUMMARY OF PROVISIONS:
Section 1 amends paragraph (d) of subdivision 1 of Section 208 of the
Civil Service law to clarify home address as the information to be
provided with other information to public sector unions. Failure to
provide the required information will be-deemed as improper employer
practices.
Section 2 is the effective date.
JUSTIFICATION:
In 2019, the Legislature and Governor enacted a law to ensure that
public sector labor unions have the information necessary to represent
their members under the duty of fair representation. This included
giving the union information about employees in their represented
bargaining unit, including their name, address, job title, department,
and work location. Any plain reading of the law leads a person to under-
stand that the intent of "address" meant a home address since work
location is also listed. However, some public sector employers have
argued that "address" means their work address. To clarify the law and
avoid costly litigation on both sides, this legislation would amend
existing law to specifically list out home addresses.
LEGISLATIVE HISTORY:
New bill.
STATE AND LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7157
2023-2024 Regular Sessions
IN ASSEMBLY
May 11, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to providing home
addresses of certain employees to employee organizations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (d) of subdivision 1 of section 208 of the civil
2 service law, as added by section 2 of part E of chapter 55 of the laws
3 of 2019, is amended to read as follows:
4 (d) Unless otherwise specified by a collective bargaining agreement,
5 upon the request of the employee organization, not more than quarterly,
6 the employer shall provide the employee organization the name, home
7 address, job title, employing agency or department or other operating
8 unit and work location of all employees of a bargaining unit. A failure
9 to comply with this paragraph shall be deemed an improper employer prac-
10 tice pursuant to paragraph (a) of subdivision one of section two hundred
11 nine-a of this article.
12 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10776-01-3
