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A10370 Summary:

BILL NOA10370
 
SAME ASSAME AS S08152
 
SPONSORAbbate
 
COSPNSRBrindisi
 
MLTSPNSR
 
Amd 76, Civ Serv L
 
Declares that all competitive class employees are entitled to collective bargaining with respect to matters pertaining to disciplinary procedures.
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A10370 Actions:

BILL NOA10370
 
04/18/2018referred to governmental employees
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A10370 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10370
 
                   IN ASSEMBLY
 
                                     April 18, 2018
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT to amend the civil service law, in relation to the negotiability
          of disciplinary procedures  affecting  employees  in  the  competitive
          class  of civil service of the state of New York or any civil division
          thereof

          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 Taylor Law
     2  requires collective bargaining over all "terms and conditions of employ-
     3  ment."  Our courts have often stressed the importance of this policy and
     4  have made clear that "the presumption...that all terms and conditions of
     5  employment are subject to mandatory bargaining" cannot easily  be  over-
     6  come. In the Matter of Patrolmen's Benevolent Association of the City of
     7  New  York,  Inc.  v. New York State Public Employment Relations Board, 6
     8  N.Y. 3d 563 at 572 (2006) (Hereinafter NYC PBA case).    However,  while
     9  paying  homage  to  our  state's  strong  and sweeping policy to support
    10  collective bargaining of all terms and conditions  of  employment  under
    11  the  Taylor  Law, the Court of Appeals in the case cited above held that
    12  that policy must yield  to  any  other  legislation  which  specifically
    13  commits  police discipline to the discretion of local officials, includ-
    14  ing the New York City charter, the Rockland County Police  Act,  section
    15  155  of the town law and section 8-804 of the village law, provided only
    16  that those laws were passed prior to 1958 when Sections 75 and 76 of the
    17  civil service law providing minimum  or  back-stop  provisions  for  due
    18  process  disciplinary  procedures  for public employees were enacted. In
    19  doing so, the court cited specifically to the first sentence of subdivi-
    20  sion 4 of section 76 of the civil service law which says  that  sections
    21  75  and  76 of the civil service law shall not be construed to repeal or
    22  modify pre-existing laws relating to the removal or suspension of  offi-
    23  cers  or  employees in the competitive class of the civil service of the
    24  state or any civil division.
    25    Since the Taylor Law was enacted in 1967 making all terms  and  condi-
    26  tions of employment subject to collective bargaining, matters pertaining
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15342-01-8

        A. 10370                            2
 
     1  to  employee  discipline,  including  disciplinary procedures, have been
     2  negotiated into many collective bargaining agreements in  municipalities
     3  across  the  state  covering  all  types  of public employees, including
     4  police  officers.  Those agreements were honored until 2006 when the NYC
     5  PBA case was decided. The impact of the NYC PBA case has been to deprive
     6  many, but not all, police officers of the right to enforce their negoti-
     7  ated disciplinary procedures and of the right  to  collectively  bargain
     8  with  regard  to matters pertaining to discipline in the future that all
     9  other public employees enjoy. The purpose of this act  is  to  expressly
    10  overrule  this  decision  and those that have followed it and to replace
    11  them with a legislative declaration that police officers and  all  other
    12  competitive class public employees in the state of New York are entitled
    13  to collectively bargain with respect to all matters pertaining to disci-
    14  pline  and,  in  the  absence of a negotiated procedure, to at least the
    15  minimum due process protections provided by sections 75 and  76  of  the
    16  civil service law.
    17    §  2. Subdivision 4 of section 76 of the civil service law, as amended
    18  by chapter 283 of the laws of 1972, is amended and a new  subdivision  5
    19  is added to read as follows:
    20    4.  [Nothing  contained in section seventy-five or seventy-six of this
    21  chapter shall be construed to repeal or modify any general,  special  or
    22  local  law or charter provision relating to the removal or suspension of
    23  officers or employees in the competitive class of the civil  service  of
    24  the  state  or  any  civil  division. Such sections may be supplemented,
    25  modified or replaced by agreements negotiated between the state  and  an
    26  employee  organization  pursuant  to  article  fourteen of this chapter.
    27  Where such sections are  so  supplemented,  modified  or  replaced,  any
    28  employee against whom charges have been preferred prior to the effective
    29  date of such supplementation, modification or replacement shall continue
    30  to  be  subject  to  the provisions of such sections as in effect on the
    31  date such charges were preferred.] This section or section  seventy-five
    32  of  this  title  shall  be  construed  to  repeal or modify any general,
    33  special or local law or charter provision relating  to  the  removal  or
    34  suspension  of  officers  or  employees  in the competitive class of the
    35  civil service of the state or  any  civil  division.  This  section  and
    36  section  seventy-five  of  this  title  may be supplemented, modified or
    37  replaced by agreements negotiated between the  state  or  any  political
    38  subdivision  thereof  and  an  employee organization pursuant to article
    39  fourteen of this chapter. Where such sections are so supplemented, modi-
    40  fied or replaced, any employee against whom charges have been  preferred
    41  prior  to  the  effective  date of such supplementation, modification or
    42  replacement shall continue to be  subject  to  the  provisions  of  such
    43  sections as in effect on the date such charges were preferred.
    44    5. The terms of any current or expired collective bargaining agreement
    45  or interest arbitration award between any public employer and any public
    46  employee  organization  relating  to any aspect of police officer disci-
    47  pline which were invalidated or rendered unenforceable by any  decision,
    48  order  or judgement of any court, administrative agency or other adjudi-
    49  catory tribunal on grounds of public policy shall be deemed  valid  from
    50  the date any such agreements or awards were first reached or issued, and
    51  those  agreements  or  awards  shall  be  applied and enforced as to any
    52  disciplinary charges pending on the effective date of  this  subdivision
    53  and to any disciplinary charges filed thereafter.
    54    § 3. This act shall take effect immediately.
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