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A07601 Summary:

BILL NOA07601A
 
SAME ASSAME AS S05778-A
 
SPONSORAbbate
 
COSPNSRDe La Rosa, Vanel, Fahy, Hyndman, Walker, Colton, Jean-Pierre, Woerner, Barron, Arroyo, Sepulveda, Dickens, Steck, Mosley, Wallace, Richardson, Ortiz, Cymbrowitz, Mayer, Skoufis, Peoples-Stokes, Rodriguez, Abinanti, Carroll, Pellegrino, Galef, Titone, Rosenthal D, McDonough, Taylor, Titus, Rozic, Jones, Niou, Weprin, Williams, Rosenthal L, Brindisi, Bronson, Quart, Hunter, Raia, Davila, Paulin, Perry, Seawright, Gottfried, Simon
 
MLTSPNSRByrne, Englebright, Hevesi, Hooper, Lentol, Murray, Thiele
 
Add 159-d, Civ Serv L
 
Relates to membership dues in an employee organization and signed authorizations for deduction.
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A07601 Actions:

BILL NOA07601A
 
05/03/2017referred to governmental employees
05/23/2017reported
05/25/2017advanced to third reading cal.560
06/07/2017passed assembly
06/07/2017delivered to senate
06/07/2017REFERRED TO RULES
06/12/2017recalled from senate
06/12/2017RETURNED TO ASSEMBLY
06/12/2017vote reconsidered - restored to third reading
06/12/2017amended on third reading 7601a
06/15/2017repassed assembly
06/15/2017returned to senate
06/15/2017RECOMMITTED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.532
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A07601 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7601A
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the civil service law, in relation to membership dues in an employee organization and signed authorizations for deduction   PURPOSE: To streamline the process for an individual to join a public sector union.   SUMMARY OF PROVISIONS: Amends the civil service law by adding a new section 159-d, to do the following: *Requires public employers to process dues authorization cards, to begin making required deductions and to transmit union dues to the recognized collective bargaining organization within thirty days. *Provides that within 30 days of employment or reemployment with a public employer, or promotion and transfers to new bargaining units the employer shall provide the recognized employee organization of the name, job title, work location, work contact information and hours and allow the duly appointed representative to meet with that employee during work time for up to one hour. *Provides for time periods for authorization to deduction for payment of membership dues shall be the shorter of time set forth on authorization card or a time frame that may be set by future court rulings. *Provides for time periods for withdrawal of authorization to deduction for payment of membership dues prior to renewal to be the longer of time set forth on authorization card or a time frame that may be set by future court rulings. *Clarifies the allowable formats under article three of the state tech- nology law that dues authorization forms can take and ensure that such a form will be provided to an employee. *Provides for a clear system for an individual to withdrawal from payment of membership dues according to terms of the signed authori- zation card. *Defines terms according to Article 14 of the Civil Service Law. *Provides for a severability clause, to ensure that if any parts are found to be invalid the remainder shall be deemed valid *Provides that if any clause, sentence, paragraph of a signed authori- zation shall be found unconstitutional or otherwise invalid, all other provisions of existing dues authorization cards will continue to be valid by the terms of such authorization card. *Provides for an immediate effective date.   JUSTIFICATION: This legislation will simplify the process for an individual to join a public employee union by clarifying and streamlining the dues deduction authorization process. Furthermore, this legislation will make sure that the process is consistent among all public employers in the state. Under current law, the process varies among the different employers and can result in confusion and delays in the ability of unions to effec- tively represent their membership, as required by law.   LEGISLATIVE HISTORY: New Bill.   FISCAL IMPACT: None to State or Local Governments.   EFFECTIVE DATE: The act shall take effect immediately.
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A07601 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7601--A
                                                                Cal. No. 560
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 3, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE, DE LA ROSA, VANEL, FAHY, HYNDMAN, WALKER,
          COLTON,  LUPINACCI,  JEAN-PIERRE,  WOERNER, BARRON, ARROYO, SEPULVEDA,
          DICKENS, STECK, MOSLEY, WALLACE, HARRIS, RICHARDSON,  ORTIZ,  CYMBROW-
          ITZ,  MAYER, SKOUFIS, PEOPLES-STOKES -- Multi-Sponsored by -- M. of A.
          ENGLEBRIGHT, HOOPER, LENTOL, THIELE -- read once and referred  to  the
          Committee  on  Governmental  Employees -- advanced to a third reading,
          passed by Assembly and delivered to  the  Senate,  recalled  from  the
          Senate,  vote reconsidered, bill amended, ordered reprinted, retaining
          its place on 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11206-07-7

        A. 7601--A                          2
 
     1    (b) allow a duly appointed representative of the employee organization
     2  that  represents  that bargaining unit to meet with that employee during
     3  work time, unless otherwise  specified  within  an  agreement  bargained
     4  collectively under article fourteen of the civil service law.
     5    3. (a) Notwithstanding any other provision of law to the contrary, the
     6  period  of  time  that  an  authorization to deduct from the salary of a
     7  public employee an amount for the  payment  of  membership  dues  in  an
     8  employee organization shall remain in effect shall be the shorter of (i)
     9  that  set  forth  in  the  signed authorization, or (ii) as may be later
    10  determined by a court of competent jurisdiction to  be  constitutionally
    11  required or required by law.
    12    (b)  Notwithstanding  any  other provision of law to the contrary, the
    13  period of time that a public employee shall have to  withdraw  a  signed
    14  authorization to deduct from his or her salary an amount for the payment
    15  of membership dues in an employee organization prior to it being renewed
    16  shall  be  the longer of (i) that set forth in the signed authorization,
    17  or (ii) as may be later finally  determined  by  a  court  of  competent
    18  jurisdiction to be constitutionally required or required by law.
    19    4.  A  public  employer  shall accept a signed authorization to deduct
    20  from the salary of a public employee an amount for the payment of his or
    21  her membership dues in an employee organization in any format  permitted
    22  by article three of the state technology law.
    23    5.  Notwithstanding any other provision of law to the contrary, except
    24  as provided in subdivision three of this section,  any  signed  authori-
    25  zation  to deduct from the salary of a public employee an amount for the
    26  payment of membership dues in an employee organization may be  withdrawn
    27  by such employee only in accordance with the terms of the signed author-
    28  ization.
    29    6.   Notwithstanding any provision of article fourteen of this chapter
    30  to the contrary,  except  as  provided  in  subdivision  three  of  this
    31  section,  as  used  in  this  section,  the  terms "public employee" and
    32  "public employer" shall have the same meaning as set  forth  in  section
    33  two  hundred  one  of this chapter, and the term "employee organization"
    34  shall mean any employee organization, as that term is defined in section
    35  two hundred one of this chapter, that has been certified  or  recognized
    36  pursuant  to article fourteen of this chapter or other applicable law as
    37  the exclusive bargaining representative of public employees. Nothing  in
    38  this  section shall be construed to make the comptroller of the state of
    39  New York the public employer of any public employees except as set forth
    40  in section two hundred one of this chapter.
    41    7. (a) If any clause, sentence,  paragraph,  or  subdivision  of  this
    42  section  shall  be  adjudged  by a court of competent jurisdiction to be
    43  unconstitutional or otherwise invalid, such judgment shall  not  affect,
    44  impair or invalidate the remainder thereof, but shall be confined in its
    45  operation  to  the  clause,  sentence, paragraph, or subdivision of this
    46  section directly involved in the  controversy  in  which  such  judgment
    47  shall have been rendered.
    48    (b)  If  any clause, sentence, paragraph, or part of a signed authori-
    49  zation shall be adjudged by a court  of  competent  jurisdiction  to  be
    50  unconstitutional  or  otherwise  invalid,  such  determination shall not
    51  affect, impair or invalidate the remainder of such signed  authorization
    52  but  shall  be  confined in its operation to the clause, sentence, para-
    53  graph, or part of the signed  authorization  directly  involved  in  the
    54  controversy in which such judgment shall have been rendered.
    55    § 2. This act shall take effect immediately.
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