§ 208 — Rights accompanying certification or recognition

New York § 208

• Jurisdiction: New York
• Law CVS: Civil Service
• Art. 14: Public Employees' Fair Employment Act

Text

§ 208. Rights accompanying certification or recognition. 1. A public\nemployer shall extend to an employee organization certified or\nrecognized pursuant to this article the following rights:\n (a) to represent the employees in negotiations notwithstanding the\nexistence of an agreement with an employee organization that is no\nlonger certified or recognized, and in the settlement of grievances; and\n (b) to membership dues deduction, upon presentation of dues deduction\nauthorization cards signed by individual employees. A public employer\nshall commence making such deductions as soon as practicable, but in no\ncase later than thirty days after receiving proof of a signed dues\ndeduction authorization card; and such dues shall be transmitted to the\ncertified or recognized employee organization within thirty days of the\ndeduction. A public employer shall accept a signed authorization to\ndeduct from the salary of a public employee an amount for the payment of\nhis or her dues in any format permitted by article three of the state\ntechnology law. The right to such membership dues deduction shall remain\nin full force and effect until:\n (i) an individual employee revokes membership in the employee\norganization in writing in accordance with the terms of the signed\nauthorization; or\n (ii) the individual employee is no longer employed by the public\nemployer, provided that if such employee is, within a period of one\nyear, employed by the same public employer in a position represented by\nthe same employee organization, the right to such dues deduction shall\nbe automatically reinstated.\n (c) Should the individual employee who has signed a dues deduction\nauthorization card either be removed from a public employer's payroll or\notherwise placed on any type of involuntary or voluntary leave of\nabsence, whether paid or unpaid, such public employee's membership in an\nemployee organization shall be continued upon that public employee's\nreturn to the payroll or restoration to active duty from such a leave of\nabsence.\n (d) Unless otherwise specified by a collective bargaining agreement,\nupon the request of the employee organization, not more than quarterly,\nthe employer shall provide the employee organization the name, home\naddress, job title, employing agency or department or other operating\nunit and work location of all employees of a bargaining unit. A failure\nto comply with this paragraph shall be deemed an improper employer\npractice pursuant to paragraph (a) of subdivision one of section two\nhundred nine-a of this article.\n 2. An employee organization certified or recognized pursuant to this\narticle shall be entitled to unchallenged representation status until\nseven months prior to the expiration of a written agreement between the\npublic employer and said employee organization determining terms and\nconditions of employment. For the purposes of this subdivision, (a) any\nsuch agreement for a term covering other than the fiscal year of the\npublic employer shall be deemed to expire with the fiscal year ending\nimmediately prior to the termination date of such agreement, (b) any\nsuch agreement having a term in excess of three years shall be treated\nas an agreement for a term of three years, provided, however, any such\nagreement between the state and an employee organization representing\nemployees in the executive or judicial branches which commences in the\ncalendar year two thousand twenty-one having a term in excess of three\nyears shall be treated as an agreement for a term certain specified in\nsuch agreement but in no event for a term greater than four years, and\n(c) extensions of any such agreement shall not extend the period of\nunchallenged representation status.\n 3. (a) Notwithstanding provisions of and restrictions of sections two\nhundred two and two hundred nine-a of this article, and section two\nhundred one of the state finance law, every employee organization that\nhas been recognized or certified as the exclusive representative of\nemployees of the state within a negotiating unit of classified civil\nservice employees, employees within a negotiating unit of civilian state\nemployees of the division of military and naval affairs or employees in\na collective negotiating unit established pursuant to this article for\nthe professional services in the state university, for the members of\nthe state police or for the members of the capitol buildings police\nforce of the office of general services shall be entitled to have\ndeducted from the wage or salary of the employees in such negotiating\nunit who are not members of said employee organization the amount\nequivalent to the dues levied by such employee organization, and the\nstate comptroller shall make such deductions and transmit the sum so\ndeducted to such employee organization. Provided, however, that the\nforegoing provisions of this subdivision shall only be applicable in the\ncase of an employee organization which has established and maintained a\nprocedure providing for the refund to any employee demanding the return\nany part of an agency shop fee deduction which represents the employee's\npro rata share of expenditures by the organization in aid of activities\nor causes of a political or ideological nature only incidentally related\nto terms and conditions of employment. Nothing herein shall be deemed to\nrequire an employee to become a member of such employee organization.\n (b) Notwithstanding provisions of and restrictions of sections two\nhundred two and two hundred nine-a of this article and section\nninety-three-b of the general municipal law, every employee organization\nthat has been recognized or certified as the exclusive representative of\nemployees within a negotiating unit of other than state employees shall\nbe entitled to have deducted from the wage or salary of employees of\nsuch negotiating unit who are not members of said employee organization\nthe amount equivalent to the dues levied by such employee organization\nand the fiscal or disbursing officer of the local government or\nauthority involved shall make such deductions and transmit the sum so\ndeducted to such employee organization. Provided, however, that the\nforegoing provisions of this subdivision shall only be applicable in the\ncase of an employee organization which has established and maintained a\nprocedure providing for the refund to any employee demanding the return\nof any part of an agency shop fee deduction which represents the\nemployee's pro rata share of expenditures by the organization in aid of\nactivities or causes of a political or ideological nature only\nincidentally related to terms and conditions of employment. Nothing\nherein shall be deemed to require an employee to become a member of such\nemployee organization.\n 4. (a) Within thirty days of a public employee first being employed or\nreemployed by a public employer, or within thirty days of being promoted\nor transferred to a new bargaining unit, the public employer shall\nnotify the employee organization, if any, that represents that\nbargaining unit of the employee's name, address, job title, employing\nagency, department or other operating unit, and work location; and\n (b) Within thirty days of providing the notice in paragraph a of this\nsubdivision, a public employer shall allow a duly appointed\nrepresentative of the employee organization that represents that\nbargaining unit to meet with such employee for a reasonable amount of\ntime during his or her work time without charge to leave credits, unless\notherwise specified within an agreement bargained collectively under\narticle fourteen of the civil service law, provided however that\narrangements for such meeting must be scheduled in consultation with a\ndesignated representative of the public employer; and\n (c) Upon the request of the certified and recognized employee\norganization, and if the public employer conducts new employee\norientations, the public employer shall provide the employee\norganization mandatory access to such new employee orientations. The\nemployee organization shall receive not less than ten days' notice in\nadvance of an orientation, except that a shorter notice may be provided\nin a specific instance where there is an urgent need critical to the\nemployer's operations that was not reasonably foreseeable to provide\nsuch notice. The structure, time, and manner of exclusive representative\naccess shall be determined through mutual agreement between the employer\nand the employee organization.\n 5. (a) If any clause, sentence, paragraph, or subdivision of this\nsection shall be adjudged by a court of competent jurisdiction to be\nunconstitutional or otherwise invalid, such judgment shall not affect,\nimpair or invalidate the remainder thereof, but shall be confined in its\noperation to the clause, sentence, paragraph, or subdivision of this\nsection directly involved in the controversy in which such judgment\nshall have been rendered.\n (b) If any clause, sentence, paragraph, or part of a signed\nauthorization shall be adjudged by a court of competent jurisdiction to\nbe unconstitutional or otherwise invalid, such determination shall not\naffect, impair or invalidate the remainder of such signed authorization\nbut shall be confined in its operation to the clause, sentence,\nparagraph, or part of the signed authorization directly involved in the\ncontroversy in which such judgment shall have been rendered.\n