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A00443 Summary:

BILL NOA00443
 
SAME ASNo Same As
 
SPONSORPerry
 
COSPNSR
 
MLTSPNSR
 
Amd 213, Civ Serv L
 
Authorizes court to order temporary employee increase during pendency of court ordered injunctive relief in favor of the employer.
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A00443 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A443
 
SPONSOR: Perry
  TITLE OF BILL: An act to amend the civil service law, in relation to ordering a tempo- rary cost of living increase to employees after a court grants an injunction in response to a strike   PURPOSE: To provide an incentive by law for a more equal collective bargaining environment for employers to bargain in good faith where the employees right to legally strike is prohibited.   SUMMARY OF SPECIFIC PROVISIONS: Section one of the bill amends subdivision (d) of § 213 of the civil service law to provide that where the court orders injunctive relief it shall also order a temporary cost of living increase in salary to be paid to employees during the pendency of such injunctive relief and expiration of labor contract. The cost of living adjustment shall be the greater of either the current rate of inflation or the average rate of inflation during the employees' most recent contract period, or as the court determines and shall not be binding on the terms of the newly negotiated contract.   JUSTIFICATION: The US Constitution recognizes and guarantees the right to assemble and freedom of speech. These rights are further acknowledged and protected by the New York State Public Employees Fair Employment Act ("Taylor Law") which holds "that it is the public policy of the state and this act to promote harmonious and cooperative relationships between govern- ment and its employees" during the collective labor bargaining process. While the meritorious intent of the original law is evident, current labor issues necessitate a change to the statute. Today's laborers face increasing costs in real estate, education, and healthcare.Without the right to withhold that which is most important to the employer, the laborer becomes disadvantaged and beholden to the will of the employer. This legislation will provide an incentive for employers to bargain in good faith and encourage all parties to swiftly compromise while tempo- rarily benefiting the laborer with just financial assistance.   PRIOR LEGISLATIVE HISTORY: 2017-2018: A.907 - Referred to Governmental Employees 2015-2016: A.6638 - Referred to Governmental Employees 2013-2014: A.4807 - Referred to Governmental Employees 2011-2012: A.4343 - Referred to Governmental Employees 2009-2010: A.3560 - Referred to Governmental Employees 2007-2008: A.5660 - Referred to Governmental Employees 2006: A.10362 - Referred to Governmental Employees   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: Immediately.
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A00443 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           443
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced  by M. of A. PERRY -- read once and referred to the Committee
          on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to ordering a  tempo-
          rary  cost  of  living  increase  to employees after a court grants an
          injunction in response to a strike

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (d) of section 213 of the civil service law, as
     2  amended  by  chapter  503  of  the  laws  of 1971, is amended to read as
     3  follows:
     4    (d) In a proceeding to enforce or review an order of  the  board,  the
     5  court  shall  have  power  to grant such temporary relief or restraining
     6  order as it deems just and proper, and to make and enter a  judgment  or
     7  decree  enforcing,  modifying  and  enforcing as so modified, or setting
     8  aside in whole or in part the order of the board.  If such court  orders
     9  injunctive  relief at the request of the employer, such court shall also
    10  order a temporary cost of living increase in salary to be  paid  by  the
    11  employer to the employees until an employment contract is finalized. For
    12  purposes  of  this  subdivision,  such temporary cost of living increase
    13  shall be calculated as  the  greater  of  either  the  current  rate  of
    14  inflation  as  determined by the consumer price index as computed by the
    15  federal bureau of labor statistics or  the  average  rate  of  inflation
    16  during  the  employees' most recent contract period; or, in the alterna-
    17  tive, at a rate determined by such court.  Such cost of living  increase
    18  shall not be binding on the final negotiated contract.
    19    § 2. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05304-01-9
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