N.Y. CVS Law § 201 — New York Code / Act CVS / Article 14 / Section 201
Definitions
Status: in_force

§ 201. Definitions. As used in this article:\n  1. The term "board" means the public employment relations board\ncreated by section two hundred five of this article.\n  2. (a) The term "membership dues deduction" means the obligation or\npractice of a government to deduct from the salary of a public employee\nwith his consent an amount for the payment of his membership dues in an\nemployee organization. Such term also means the obligation or practice\nof a government to transmit the sums so deducted to an employee\norganization.\n  (b) The term "agency shop fee deduction" means the obligation or\npractice of a government to deduct from the salary of a public employee\nwho is not a member of the certified or recognized employee organization\nwhich represents such employee for the purpose of collective\nnegotiations conducted pursuant to this article, an amount equivalent to\nthe amount of dues payable by a member. Such term also means the\nobligation or practice of a government to transmit the sums so deducted\nto an employee organization.\n  3. The term "chief legal officer" means (a) in the case of the state\nof New York or a state public authority, the attorney general of the\nstate of New York, (b) in the case of a county, city, town, village or\nschool district, the county attorney, corporation counsel, town\nattorney, village attorney or school district attorney, as the case may\nbe, and (c) in the case of any such government not having its own\nattorney, or any other government or public employer, the corporation\ncounsel of the city in which such government or public employer has its\nprincipal office, and if such principal office is not located in a city,\nthe county attorney of the county in which such government or public\nemployer has its principal office.\n  4. The term "terms and conditions of employment" means:\n  (a) salaries, wages, hours and other terms and conditions of\nemployment provided, however, that such term shall not include any\nbenefits provided by or to be provided by a public retirement system, or\npayments to a fund or insurer to provide an income for retirees, or\npayment to retirees or their beneficiaries. No such retirement benefits\nshall be negotiated pursuant to this article, and any benefits so\nnegotiated shall be void.\n  (b) in addition, the terms and conditions of employment for\nfirefighters shall include discipline and disciplinary procedures\nincluding alternatives to any statutory disciplinary system, provided,\nhowever, that any right of firefighters under the terms of any state law\nto elect coverage under either a statutory disciplinary system or a\ndisciplinary system established by collective negotiations shall not be\nimpaired, unless any such state law authorizes exclusivity of a\nnegotiated disciplinary system and provided further that no provision\ncontained in the town law, general city law, second class cities law,\ngeneral municipal law, municipal home rule law, county law, or other\nstate, local, special law or charter provision, or any special police\nact or other special act created by local law or charter or otherwise\ncreated, or this chapter shall prevent or impair the right to collective\nbargaining for or modification of disciplinary procedures.\n  5. The term "employee organization" means an organization of any kind\nhaving as its primary purpose the improvement of terms and conditions of\nemployment of public employees, except that such term shall not include\nan organization (a) membership in which is prohibited by section one\nhundred five of this chapter, (b) which discriminates with regard to the\nterms or conditions of membership because of race, color, creed or\nnational origin, or (c) which, in the case of public employees who hold\npositions by appointment or employment in the service of the board and\nwho are excluded from the application of this article by rules and\nregulations of the board, admits to membership or is affiliated directly\nor indirectly with an organization which admits to membership persons\nnot in the service of the board, for purposes of any provision of this\narticle other than sections two hundred ten and two hundred eleven of\nthis article.\n  6. (a) The term "government" or "public employer" means (i) the state\nof New York, (ii) a county, city, town, village or any other political\nsubdivision or civil division of the state, (iii) a school district or\nany governmental entity operating a public school, college or\nuniversity, (iv) a public improvement or special district, (v) a public\nauthority, commission, or public benefit corporation, (vi) any other\npublic corporation, agency or instrumentality or unit of government\nwhich exercises governmental powers under the laws of the state, or\n(vii) in the case of a county sheriff's office in those counties where\nthe office of sheriff is an elected position, both the county and the\nsheriff, shall be designated as a joint public employer for all purposes\nof this article.\n  (b) Upon the application of any government, the board may determine\nthat the applicant shall be deemed to be a joint public employer of\npublic employees in an employer-employee negotiating unit determined\npursuant to section two hundred seven of this chapter when such\ndetermination would best effectuate the purposes of this chapter.\n  7. (a) The term "public employee" means any person holding a position\nby appointment or employment in the service of a public employer, except\nthat such term shall not include for the purposes of any provision of\nthis article other than sections two hundred ten and two hundred eleven\nof this article, judges and justices of the unified court system,\npersons holding positions by appointment or employment in the organized\nmilitia of the state and persons who may reasonably be designated from\ntime to time as managerial or confidential upon application of the\npublic employer to the appropriate board in accordance with procedures\nestablished pursuant to section two hundred five or two hundred twelve\nof this article, which procedures shall provide that any such\ndesignations made during a period of unchallenged representation\npursuant to subdivision two of section two hundred eight of this chapter\nshall only become effective upon the termination of such period of\nunchallenged representation. Employees may be designated as managerial\nonly if they are persons (i) who formulate policy or (ii) who may\nreasonably be required on behalf of the public employer to assist\ndirectly in the preparation for and conduct of collective negotiations\nor to have a major role in the administration of agreements or in\npersonnel administration provided that such role is not of a routine or\nclerical nature and requires the exercise of independent judgment.\nEmployees may be designated as confidential only if they are persons who\nassist and act in a confidential capacity to managerial employees\ndescribed in clause (ii).\n  (b) For the purposes of this article, assistant attorneys general,\nassistant district attorneys, and law school graduates employed in\ntitles which promote to assistant district attorney upon admission to\nthe bar of the state of New York shall be designated managerial\nemployees, and confidential investigators employed in the department of\nlaw shall be designated confidential employees.\n  (c) Notwithstanding the provisions of any general, special or local\nlaw or code to the contrary, for the purposes of this article and with\nrespect to the officers of a paid city fire department in a city of one\nmillion or more inhabitants, members in the rank of deputy chief\ndesignated as deputy assistant chief and higher shall be designated as\nmanagerial and confidential employees and members in the rank of deputy\nchief or lower shall not be so designated.\n  (d) A substitute teacher or a person employed in a nonpedagogical\nposition who has received a reasonable assurance of continuing\nemployment in accordance with subdivision ten or eleven of section five\nhundred ninety of the labor law which is sufficient to disqualify the\nsubstitute teacher or person employed in a nonpedagogical position from\nreceiving unemployment insurance benefits shall be deemed to be an\nemployee of the school district or board of cooperative educational\nservices that has furnished such reasonable assurance of continuing\nemployment; provided however that for the purposes of this article only,\nthe determination of whether such reasonable assurance was furnished\nshall be made as if such determination were made prior to the\npromulgation by the United States department of labor of program letter\nnumber 4-87, dated December twenty-fourth, nineteen hundred eighty-six.\n  (e) Notwithstanding the provisions of any general, special or local\nlaw or code to the contrary, for the purposes of this article and with\nrespect to the officers of a paid city police department, in a city of\none million or more inhabitants, members in the rank of captain\ndesignated as assistant chief and higher shall be designated as\nmanagerial and confidential employees; members in the rank of captain,\ndeputy inspector, inspector and deputy chief or lower shall not be so\ndesignated, unless a final determination to the contrary results from a\npetition to decertify (or from an action to otherwise designate any or\nall such members as managerial or confidential employees), which\npetition or action is or was initiated at any time prior to October\nfirst, nineteen hundred eighty-four and such petition or action is not\nwithdrawn or otherwise discontinued.\n  (f) The term "public employee" means any person employed by a school\ndistrict or board of cooperative educational services not otherwise\ndeemed to be a public employee pursuant to the provisions of this\nsubdivision, but who would be deemed a public employee under precedents\nor standards utilized or promulgated by the board for determining\nwhether a person employed in a part-time, seasonal or casual position by\na public employer other than a school district or board of cooperative\neducational services would be a public employee under paragraph (a) of\nthis subdivision, taking into account the length of the school day and\nschool year.\n  (g) Notwithstanding the provisions of any general, special or local\nlaw or code to the contrary, for the purposes of this article and with\nrespect to employees of a city school district having a population of\none million or more inhabitants, members in a title of school plant\nmanager shall be designated as managerial and confidential employees in\nthe noncompetitive classification.\n  8. The term "state public authority" means a public benefit\ncorporation or public corporation, a majority of the members of which\nare (i) appointed by the governor or by another state officer or body,\n(ii) designated as members by virtue of their state office, or (iii)\nappointed or designated by any combination of the foregoing.\n  9. The term "strike" means any strike or other concerted stoppage of\nwork or slowdown by public employees.\n  10. The term "chief executive officer" in the case of school\ndistricts, means the superintendent of schools in school districts\nemploying their own superintendents, and in school districts under the\njurisdiction of a district superintendent of schools, shall mean the\nprincipal of the district.\n  11. The term "legislative body of the government," in the case of\nschool districts, means the board of education, board of trustees or\nsole trustee, as the case may be.\n  12. The term "agreement" means the result of the exchange of mutual\npromises between the chief executive officer of a public employer and an\nemployee organization which becomes a binding contract, for the period\nset forth therein, except as to any provisions therein which require\napproval by a legislative body, and as to those provisions, shall become\nbinding when the appropriate legislative body gives its approval.\n