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
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
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
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
330 A11020 Rules (Epstein) -- Relates to authorized absences by healthcare professionals who volunteer to fight the Ebola virus overseas; extends effectiveness
368 A10615 Titus -- Relates to permitted deductions from wages; extends the effectiveness of such provisions
403 A2549 Lifton (MS) -- Directs the president of the civil service commission to study and publish a report evaluating wage disparities among public employers
410 A10311B Wallace -- Develops a plan for skill training for firefighters to occur at such trainee's home department or online
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
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