TO SEARCH this database type in a word or phrase in the box in the upper left and any material containing the word or phrase will be displayed for your review.

Also, §22 of the New York State's General Construction Law, in pertinent part, provides that “Whenever words of the masculine or feminine gender appear in any law, rule or regulation, unless the sense of the sentence indicates otherwise, they shall be deemed to refer to both male or female persons.” NYPPL typically follows this protocol.

December 13, 2018

Taylor Law amended to clarify an employee organization's duty of fair representation of non-members in a collective bargaining unit  
Section 209-a.2 of the Civil Service Law

In Janus v American Federation of State, County, and Municipal Employees, Council 31, et al, 138 SCt 2448, the Supreme Court held that "States and public-sector unions may no longer extract agency fees from nonconsenting employees. The First Amendment is violated when money is taken from nonconsenting employees for a public-sector union; employees must choose to support the union before anything is taken from them. Accordingly, neither an agency fee nor any other form of payment to a public-sector union may be deducted from an employee, nor may any other attempt be made to collect such a payment, unless the employee affirmatively consents to pay."

In response to the Janus decision, §209-a.2 of the Civil Service Law was amended and 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 non-members in accordance with this subdivision or declines to provide representation to a non-member in the relevant negotiating unit:

[1] during questioning by the employer;

[2] in statutory or administrative proceedings;

[3] to enforce statutory or regulatory rights; or

[4] 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.

[5] the employee organization is not prohibited from providing legal, economic or job-related services or benefits beyond those provided in the relevant collective bargaining agreement with a public employer "only to its members."


In addition, §209-a.3 provides that in the event a charge  is filed alleging that the employee organization has breached its duty of fair representation in its processing of, or it failure to process, a claim, the public employer is to be made a party in the action.  

* §4 of Part RRR of Chapter 59 of the Laws of 2018


Other bills signed into law by the Governor:

1. Chapter 271 of the Laws of 2018 amended the §75 of the Civil Service Law to provide that certain  persons  holding  a  position in the Labor Class shall not be removed or otherwise subjected to any disciplinary penalty except  for incompetency or misconduct; and

2. Chapter 403 of the Laws of 2018 directs the President of the New York State Civil Service Commission to study and publish a report evaluating wage disparities among public employers.

Public Personnel Law E-books

The Discipline Book - A concise guide to disciplinary actions involving public employees in New York State set out in a 700 page e-book. For more information click on http://booklocker.com/books/5215.html

A Reasonable Disciplinary Penalty Under the Circumstances - A 442-page e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. Now available in two formats - as a large, paperback print edition and as an e-book. For more information click on

http://booklocker.com/books/7401.html


The Layoff, Preferred List and Reinstatement Manual - A 645 page e-book reviewing the relevant laws, rules and regulations, and selected court and administrative decisions. For more information click on http://booklocker.com/books/5216.html


General Municipal Law §§207-a and 207-c - Disability Leave for fire, police and other public sector personnel - A 1098 page e-book focusing on administering General Municipal Law Sections 207-a/207-c and providing benefits thereunder. For more information click on

http://booklocker.com/books/3916.html


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