Laws of 2018 of particular relevance to public employers and public employees in New York State
Perhaps 2018's must significant legislative action was the amendment of Section 209-a.2 of the Civil Service Law by §4 of Part RRR of Chapter 59 of the Laws of 2018. This amendment set out New York State
In Janus the high court held that states and public-sector unions may no longer require "nonconsenting employees" in a collective bargaining unit to pay an "agency shop" fee in lieu of joining the certified or recognized employee organization representing employees in a negotiating unit for the purposes of collective bargaining.
§209-a.2 of the Civil Service Law now provides that it is not a violation of an employee organization's duty of fair representation if the employee organization limits its services to, and representation of, nonmembers by declining to provide representation to the nonmember in the relevant negotiating unit at any stage of a grievance, arbitration or other contractual process concerning the evaluation or discipline of a public employee where the non-member is permitted to [i] proceed without the employee organization and [ii] be represented by his or her own advocate; during questioning by the employer;
Other bills signed in to law by the Governor during 2018 include the following:
CHAPTER | Bill No. | Title |
CROCI -- Relates to authorizing additional paid leave for certain employees | ||
MURPHY -- Provides that each state agency that maintains a website shall ensure its website provides for online submission of requests for records subject to FOIL | ||
Rozic -- Relates to requiring the president of the civil service commission to prepare a triennial report relating to programs within state agencies that allow for alternative work schedules or flexible work hours | ||
Lentol -- Relates to tuition waivers for police officer students of CUNY | ||
GOLDEN -- Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system | ||
BONACIC -- Relates to the terms and conditions of certain nonjudiciary officers and employees in the unified court system | ||
Abbate -- Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees;appropriation; repealer | ||
Lupardo -- Provides for pre-employment and random drug and alcohol testing of school bus drivers | ||
McDonald -- Authorizes educational institutions to agree to pay for all or a portion of the salaries and compensation payable to municipal school crossing guards | ||
Abbate -- Relates to residency requirements for members of municipal departments of sanitation | ||
Skartados -- Relates to justices presiding in an off-hours arraignment part | ||
Galef -- Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee | ||
Gunther -- Relates to the cost of insurance to provide firefighters with an enhanced cancer disability benefit insurance program | ||
Rules (Jones) -- Includes persons appointed as Indian police officers within the definition of the term "law enforcement agency" for the purposes of the law enforcement accreditation council | ||
Rules (Abbate) -- Relates to implementing an agreement between the state and an employee organization; appropriation | ||
GOLDEN -- Relates to disciplinary action against persons employed in the labor class | ||
Cymbrowitz (MS) -- Relates to the qualifications of members of the gaming commission | ||
Rules (Epstein) -- Relates to authorized absences by healthcare professionals who volunteer to fight the Ebola virus overseas; extends effectiveness | ||
HANNON -- Enacts the "living donor protection act of 2018" | ||
RULES -- Relates to salary adjustments according to plan and step-ups or increments | ||
MARCHIONE -- Provides for an increase in the rates of compensation for gold star parents | ||
Titus -- Relates to permitted deductions from wages; extends the effectiveness of such provisions | ||
ROBACH -- Relates to warranties of fire vehicles and ambulances | ||
Lifton (MS) -- Directs the president of the civil service commission to study and publish a report evaluating wage disparities among public employers |