New York S 938: Relates to the right of public employees and employee organizations to strike; repealer

Bill Text

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S00938 Summary:

BILL NOS00938 

&nbsp

SAME ASSAME AS A02293

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SPONSORBRISPORT

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COSPNSR

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MLTSPNSR

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Amd §210, rpld §211, Civ Serv L; rpld §751 sub 2, Judy L

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Relates to the right of public employees and employee organizations to strike; repeals certain provisions relating thereto.

Go to top S00938 Actions:

BILL NOS00938 

&nbsp

01/08/2025REFERRED TO CIVIL SERVICE AND PENSIONS

01/07/2026REFERRED TO CIVIL SERVICE AND PENSIONS

Go to topS00938 Committee&nbspVotes:

Go to topS00938 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00938 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 938

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. BRISPORT -- read twice and ordered printed, and when
 printed to be committed to the Committee on Civil Service and Pensions

 AN ACT to amend the civil service law, in relation to the rights of
 public employees and employee organizations to strike; and to repeal
 certain provisions of the civil service law and the judiciary law
 relating thereto

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivisions 1, 2, 3 and 4 of section 210 of the civil
 2 service law, as amended by chapter 24 of the laws of 1969, paragraph (f)
 3 of subdivision 2 and paragraph (a) of subdivision 3 as amended and
 4 subdivision 4 as renumbered by chapter 503 of the laws of 1971, para-
 5 graph (f) of subdivision 2 as relettered and paragraphs (e) and (g) of
 6 subdivision 2 as amended by chapter 254 of the laws of 1983, and para-
 7 graphs (f) and (g) of subdivision 3 as amended by chapter 677 of the
 8 laws of 1977, are amended to read as follows:
 9 1. No public employee or employee organization shall engage in a
 10 strike[, and no public employee or employee organization shall cause,
 11 instigate, encourage, or condone a strike].
 12 2. Violations and penalties; [presumption;] prohibition against
 13 consent to strike; determination; notice; [probation; payroll
 14 deductions;] objections; and restoration. (a) Violations and penalties.
 15 A public employee shall violate this subdivision by engaging in a strike
 16 or violating paragraph [(c)] (b) of this subdivision and shall be liable
 17 as provided in this subdivision pursuant to the procedures contained
 18 herein. In addition, any public employee who violates subdivision one of
 19 this section may be subject to [removal or] other disciplinary action
 20 provided by law [for misconduct].
 21 (b) [Presumption. For purposes of this subdivision an employee who is
 22 absent from work without permission, or who abstains wholly or in part

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01572-01-5

 S. 938 2

 1 from the full performance of his duties in his normal manner without
 2 permission, on the date or dates when a strike occurs, shall be presumed
 3 to have engaged in such strike on such date or dates.
 4 (c)] Prohibition against consent to strike. No person exercising on
 5 behalf of any public employer any authority, supervision or direction
 6 over any public employee shall have the power to authorize, approve,
 7 condone or consent to a strike, or the engaging in a strike, by one or
 8 more public employees, and such person shall not authorize, approve,
 9 condone or consent to such strike or engagement. Nothing in this para-
 10 graph, however, shall be construed to prohibit any public employer from
 11 negotiating or entering into an agreement with an employee organization,
 12 nor shall a public employer's failure to pursue adverse action against
 13 an employee organization or public employee in response to a strike be
 14 construed as a violation of this paragraph.
 15 [(d)] (c) Determination. In the event that it appears that a violation
 16 of this subdivision may have occurred, the chief executive officer of
 17 the government involved [shall] may, on the basis of such investigation
 18 and affidavits as [he] such chief executive officer may deem appropri-
 19 ate, determine whether or not such violation has occurred and the date
 20 or dates of such viol