New York A 6462: Suspends the Triborough amendment; requires the mandate relief team to prepare a list of unfunded mandates; expires in two years

Bill Text

STATE OF NEW YORK
        ________________________________________________________________________
                                          6462
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      March 7, 2017
                                       ___________
        Introduced  by  M.  of A. B. MILLER, LALOR, FITZPATRICK, FINCH -- Multi-
          Sponsored by -- M. of A. BLANKENBUSH -- read once and referred to  the
          Committee on Governmental Employees
        AN  ACT  to  amend  the civil service law, in relation to suspending the
          Triborough amendment; directing the mandate relief  redesign  team  to
          prepare  a  list of unfunded mandates; and providing for the repeal of
          such provisions upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 1 of section 209-a of the civil service law, as
     2  amended  by  chapter  244  of  the  laws  of 2007, is amended to read as
     3  follows:
     4    1. Improper employer practices. It shall be an improper practice for a
     5  public employer or  its  agents  deliberately  (a)  to  interfere  with,
     6  restrain  or  coerce  public  employees  in the exercise of their rights
     7  guaranteed in section two hundred two of this article for the purpose of
     8  depriving them of such rights; (b) to dominate  or  interfere  with  the
     9  formation or administration of any employee organization for the purpose
    10  of  depriving  them  of  such  rights;  (c)  to discriminate against any
    11  employee for the purpose of encouraging or discouraging  membership  in,
    12  or participation in the activities of, any employee organization; (d) to
    13  refuse  to negotiate in good faith with the duly recognized or certified
    14  representatives of its public employees; (e) [to refuse to continue  all
    15  the  terms  of an expired agreement until a new agreement is negotiated,
    16  unless the employee organization which is a party to such agreement has,
    17  during such negotiations or prior to such  resolution  of  such  negoti-
    18  ations,  engaged  in conduct violative of subdivision one of section two
    19  ] to utilize any state  funds  appropri-hundred ten of this article; (f)
    20  ated for any purpose to train managers, supervisors or other administra-
    21  tive  personnel regarding methods to discourage union organization or to
    22  discourage an employee from participating in a union  organizing  drive;
         EXPLANATION--Matter in  (underscored) is new; matter in bracketsitalics
                              [] is old law to be omitted. 
                                                                   LBD09414-01-7

        A. 6462                             2
     1  or []  to fail to permit or refuse to afford a public employee the(g)(f)
     2  right, upon the employee's demand, to representation by a representative
     3  of  the  employee  organization,  or  the designee of such organization,
     4  which  has  been  certified or recognized under this article when at the
     5  time of questioning by the  employer  of  such  employee  it  reasonably
     6  appears  that  he  or she may be the subject of a potential disciplinary
     7  action. If representation is requested, and the employee is a  potential
     8  target  of  disciplinary action at the time of questioning, a reasonable
     9  period of time shall be afforded to the employee to obtain  such  repre-
    10  sentation.  It  shall be an affirmative defense to any improper practice
    11  charge under paragraph []  of this subdivision that  the  employee(g)(f)
    12  has  the right, pursuant to statute, interest arbitration award, collec-
    13  tively negotiated agreement, policy or practice, to present to a hearing
    14  officer or arbitrator evidence of  the  employer's  failure  to  provide
    15  representation  and  to  obtain exclusion of the resulting evidence upon
    16  demonstration of such failure. Nothing in this section  shall  grant  an
    17  employee any right to representation by the representative of an employ-
    18  ee organization in any criminal investigation.
    19    §  2.  The  Mandate  Relief Redesign Team, as established by Executive
    20  Order Number Six of 2011, shall prepare a list of unfunded  mandates  on
    21  local  governments  and  an  estimate  of  the cost thereof. The Mandate
    22  Relief Redesign Team shall complete such  list  and  submit  it  to  the
    23  governor and the legislature no later than two years after the effective
    24  date of this act.
    25    § 3. Severability. If any clause, sentence, paragraph, section or part
    26  of  this act shall be adjudged by any court of competent jurisdiction to
    27  be invalid and after exhau