§ 11 — Authorization for wage freeze

New York § 11

• Jurisdiction: New York
• Law YFA: Yonkers financial emergency act 103/84

Text

§ 11. Authorization for wage freeze. 1. Upon a finding by the board\nthat a wage freeze is essential to the adoption or maintenance of a city\nbudget that is in compliance with this act, the board, after enactment\nof a resolution so finding, may declare a fiscal crisis. Upon making\nsuch a declaration, the board shall be empowered to order that all\nincreases in salary or wages of employees of the city and employees of\ncovered organizations which will take effect after the date of the order\npursuant to collective bargaining agreements or other analogous\ncontracts, now in existence or hereafter entered into, requiring such\nsalary increases as of any date thereafter are suspended. Such order may\nalso provide that all increased payments for holiday and vacation\ndifferentials, shift differentials, salary adjustments according to plan\nand step-ups or increments for employees of the city and employees of\ncovered organizations which will take effect after the date of the order\npursuant to collective bargaining agreements or other analogous\ncontracts requiring such increased payments as of any date thereafter\nare, in the same manner, suspended. For the purposes of computing the\npension base of retirement allowances, any suspended salary or wage\nincreases and any suspended other payments shall not be considered as\npart of compensation or final compensation or of annual salary earned or\nearnable. The suspensions authorized hereunder shall continue until one\nyear after the date of the order and, to the extent of any determination\nof the board that a continuation of such suspensions, to a date\nspecified by the board, is necessary in order to achieve the objectives\nof the financial plan, such suspensions shall be continued to the date\nspecified by such board, which date shall in no event be later than the\nend of the emergency period, provided that such suspensions shall\nterminate with respect to employees who have agreed to a deferral of\nsalary or wage increase upon the certification of the agreement by the\nboard pursuant to subdivision two of this section.\n 2. This section shall not be applicable to employees of the city or\nemployees of a covered organization covered by a collective bargaining\nagreement or an employee of the city or a covered organization not\ncovered by a collective bargaining agreement where the collective\nbargaining representative or such unrepresented employee has agreed to a\ndeferment of salary or wage increase, by an instrument in writing which\nhas been certified by the board as being an acceptable and appropriate\ncontribution toward alleviating the fiscal crisis of the city. Any such\nagreement to a deferment of salary or wage increase may provide that for\nthe purposes of computing the pension base of retirement allowances, any\ndeferred salary or wage increase may be considered as part of\ncompensation or final compensation or of annual salary earned or\nearnable.\n 3. The board may, if it finds that the fiscal crisis has been\nsufficiently alleviated or for any other appropriate reason, direct that\nthe suspensions of salary or wage increases or suspensions of other\nincreased payments or benefits shall, in whole or in part, be\nterminated.\n