January 02, 2019

Laws of 2018 of particular relevance to public employers and public employees in New York State

Laws of 2018 of particular relevance to public employers and public employees in New York State

Perhaps 2018's must significant legislative action affecting public employer sand employees in New York State 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's response to the United States Supreme Court's decision in Janus v American Federation of State, County, and Municipal Employees, Council 31, et al, 138 SCt 2448.

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 becoming a member 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 procedure involving 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; or as an advocate to enforce statutory or regulatory rights alleged by the nonmember or in administrative or judicial proceedings where the nonmember is a party.

Additional bills of particular relevance to public employers and public employees in New York State signed in to law by the Governor:

CHAPTER Bill No.     Sponsor and Title

16               S7289        CROCI -- Relates to authorizing additional paid leave for certain employees

47               S7431        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

49               A8929       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

67               A9728       Lentol -- Relates to tuition waivers for police officer students of CUNY

71               S7440A     GOLDEN -- Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system

72               S7715        BONACIC -- Relates to the terms and conditions of certain non-judiciary officers and employees in the unified court system

76               A10606     Abbate -- Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; appropriation; repealer

207             A208E       Lupardo -- Provides for pre-employment and random drug and alcohol testing of school bus drivers

214             A2954B     McDonald -- Authorizes educational institutions to agree to pay for all or a portion of the salaries and compensation payable to municipal school crossing guards

220             A7070A    Abbate -- Relates to residency requirements for members of municipal departments of sanitation

231             A8177       Skartados -- Relates to justices presiding in an off-hours arraignment part

233             A8382B     Galef -- Requires immediate notification by law enforcement of the filing of an accusatory instrument alleging a sex offense by an employee

248             A10327A  Gunther -- Relates to the cost of insurance to provide firefighters with an enhanced cancer disability benefit insurance program

262             A11128     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

263             A11227     Rules (Abbate) -- Relates to implementing an agreement between the state and an employee organization; appropriation

271             S8973        GOLDEN -- Relates to disciplinary action against persons employed in the labor class

308             A3076       Cymbrowitz (MS) -- Relates to the qualifications of members of the gaming commission

330             A11020     Rules (Epstein) -- Relates to authorized absences by healthcare professionals who volunteer to fight the Ebola virus overseas; extends effectiveness

331             S2496B     HANNON -- Enacts the "living donor protection act of 2018"

355             S8805        RULES -- Relates to salary adjustments according to plan and step-ups or increments

356             S1124B     MARCHIONE -- Provides for an increase in the rates of compensation for gold star parents

368             A10615     Titus -- Relates to permitted deductions from wages; extends the effectiveness of such provisions

387             S8251        ROBACH -- Relates to warranties of fire vehicles and ambulances

403             A2549       Lifton (MS) -- Directs the president of the civil service commission to study and publish a report evaluating wage disparities among public employers

406            A8057B    Abbate -- Relates to the qualifications of fire chiefs

410            A10311B  Wallace -- Develops a plan for skill training for firefighters to occur at such trainee's home department or online

419            A11241    Rules (Abbate) -- Relates to civil service provisional employees in NYC

426            S5593A    GOLDEN -- Relates to repayment of loans by members of the New York state and local employees' retirement system

433            S6939A    GALLIVAN -- Authorizes the county of Erie to offer an optional twenty year retirement plan to certain deputy sheriffs employed by such county

441            S7935A    HELMING -- Authorizes the town justice court of the town of Canandaigua to hold justice court in the city of Canandaigua

461            A5487      Seawright -- Requires the secretary of state to compile, make public and keep current certain information on persons subjected to section 73-a of the public officers law and who hold policy-making positions

475            S5686A    GOLDEN -- Authorizes the port authority of New York and New Jersey to offer a certain retirement option to certain port authority police officers

476            S6542B    LITTLE -- Relates to replacing all instances of the words or variations of the words fireman or policeman with the words firefighter or police officer or variation thereof

477            S6683A    GOLDEN -- Relates to the certification of a deputy sheriff as a police officer

486            S7351A    VALESKY -- Relates to the removal of all police markings prior to decommissioning

500            S8249A    DEFRANCISCO -- Exempts Nedrow Fire Department from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership

513            S8979A    TEDISCO -- Exempts the Pleasant Square Fire Company, Inc. from the requirement that the percentage of non-resident fire department members not exceed forty-five percent of the membership


Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
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