NY Civ Serv L § 208 (2021)
2021 New York Laws CVS - Civil Service Article 14 - Public Employees' Fair Employment Act 208 - Rights Accompanying Certification or Recognition.

§ 208. Rights  accompanying  certification or recognition. 1. A public employer  shall  extend  to  an  employee  organization   certified   or recognized pursuant to this article the following rights:  (a)  to  represent  the  employees in negotiations notwithstanding the existence of an agreement with  an  employee  organization  that  is  no longer certified or recognized, and in the settlement of grievances; and  (b)  to membership dues deduction, upon presentation of dues deduction authorization cards signed by individual employees.  A  public  employer shall  commence making such deductions as soon as practicable, but in no case later than thirty days after  receiving  proof  of  a  signed  dues deduction  authorization card; and such dues shall be transmitted to the certified or recognized employee organization within thirty days of  the deduction.  A  public  employer  shall  accept a signed authorization to deduct from the salary of a public employee an amount for the payment of his or her dues in any format permitted by article three  of  the  state technology law. The right to such membership dues deduction shall remain in full force and effect until:  (i)   an  individual  employee  revokes  membership  in  the  employee organization in writing in accordance  with  the  terms  of  the  signed authorization; or  (ii)  the  individual  employee  is  no  longer employed by the public employer, provided that if such employee is,  within  a  period  of  one year,  employed by the same public employer in a position represented by the same employee organization, the right to such dues  deduction  shall be automatically reinstated.  (c)  Should  the  individual  employee who has signed a dues deduction authorization card either be removed from a public employer's payroll or otherwise placed on any  type  of  involuntary  or  voluntary  leave  of absence, whether paid or unpaid, such public employee's membership in an employee  organization  shall  be  continued upon that public employee's return to the payroll or restoration to active duty from such a leave of absence.  (d) Unless otherwise specified by a collective  bargaining  agreement, upon  the request of the employee organization, not more than quarterly, the employer shall provide the employee organization the name,  address, job  title,  employing  agency or department or other operating unit and work location of all employees of a bargaining unit.   2. An employee organization certified or recognized pursuant  to  this article  shall  be  entitled to unchallenged representation status until seven months prior to the expiration of a written agreement between  the public  employer  and  said  employee organization determining terms and conditions of employment. For the purposes of this subdivision, (a)  any such  agreement  for  a  term covering other than the fiscal year of the public employer shall be deemed to expire with the  fiscal  year  ending immediately  prior  to  the  termination date of such agreement, (b) any such agreement having a term in excess of three years shall  be  treated as  an  agreement for a term of three years, provided, however, any such agreement between the state and an  employee  organization  representing employees  in  the executive or judicial branches which commences in the calendar year two thousand sixteen having a  term  in  excess  of  three years  shall  be treated as an agreement for a term certain specified in such agreement but in no event for a term greater than four  years,  and (c)  extensions  of  any  such  agreement shall not extend the period of unchallenged representation status.   3. (a) Notwithstanding provisions of and restrictions of sections  two hundred  two  and  two  hundred  nine-a of this article, and section two hundred one of the state finance law, every employee  organization  that has  been  recognized  or  certified  as the exclusive representative of  employees of the state within a negotiating  unit  of  classified  civil service employees, employees within a negotiating unit of civilian state employees  of the division of military and naval affairs or employees in a  collective  negotiating unit established pursuant to this article for the professional services in the state university, for  the  members  of the  state  police  or  for  the members of the capitol buildings police force of the office of  general  services  shall  be  entitled  to  have deducted  from  the  wage or salary of the employees in such negotiating unit who are not  members  of  said  employee  organization  the  amount equivalent  to  the  dues  levied by such employee organization, and the state comptroller shall make such deductions and  transmit  the  sum  so deducted  to  such  employee  organization.  Provided, however, that the foregoing provisions of this subdivision shall only be applicable in the case of an employee organization which has established and maintained  a procedure  providing for the refund to any employee demanding the return any part of an agency shop fee deduction which represents the employee's pro rata share of expenditures by the organization in aid of  activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment. Nothing herein shall be deemed to require an employee to become a member of such employee organization.  (b)  Notwithstanding  provisions  of  and restrictions of sections two hundred  two  and  two  hundred  nine-a  of  this  article  and  section ninety-three-b of the general municipal law, every employee organization that has been recognized or certified as the exclusive representative of employees  within a negotiating unit of other than state employees shall be entitled to have deducted from the wage or  salary  of  employees  of such  negotiating unit who are not members of said employee organization the amount equivalent to the dues levied by such  employee  organization and  the  fiscal  or  disbursing  officer  of  the  local  government or authority involved shall make such deductions and transmit  the  sum  so deducted  to  such  employee  organization.  Provided, however, that the foregoing provisions of this subdivision shall only be applicable in the case of an employee organization which has established and maintained  a procedure  providing for the refund to any employee demanding the return of any part of  an  agency  shop  fee  deduction  which  represents  the employee's  pro rata share of expenditures by the organization in aid of activities  or  causes  of  a  political  or  ideological  nature   only incidentally  related  to  terms  and  conditions of employment. Nothing herein shall be deemed to require an employee to become a member of such employee organization.   4. (a) Within thirty days of a public employee first being employed or reemployed by a public employer, or within thirty days of being promoted or transferred to a new  bargaining  unit,  the  public  employer  shall notify   the   employee  organization,  if  any,  that  represents  that bargaining unit of the employee's name, address,  job  title,  employing agency, department or other operating unit, and work location; and  (b)  Within thirty days of providing the notice in paragraph a of this subdivision,  a  public  employer   shall   allow   a   duly   appointed representative   of  the  employee  organization  that  represents  that bargaining unit to meet with such employee for a  reasonable  amount  of time during his or her work time without charge to leave credits, unless otherwise  specified  within  an  agreement bargained collectively under article fourteen  of  the  civil  service  law,  provided  however  that arrangements  for  such meeting must be scheduled in consultation with a designated representative of the public employer; and  (c)  Upon  the  request  of  the  certified  and  recognized  employee organization,   and   if  the  public  employer  conducts  new  employee orientations,  the  public   employer   shall   provide   the   employee  organization  mandatory  access  to  such new employee orientations. The employee organization shall receive not less than ten  days'  notice  in advance  of an orientation, except that a shorter notice may be provided in  a  specific  instance  where there is an urgent need critical to the employer's operations that was not  reasonably  foreseeable  to  provide such notice. The structure, time, and manner of exclusive representative access shall be determined through mutual agreement between the employer and the employee organization.   5.  (a)  If  any  clause,  sentence, paragraph, or subdivision of this section shall be adjudged by a court of  competent  jurisdiction  to  be unconstitutional  or  otherwise invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph,  or  subdivision  of  this section  directly  involved  in  the  controversy in which such judgment shall have been rendered.  (b)  If  any  clause,  sentence,  paragraph,  or  part  of  a   signed authorization  shall be adjudged by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such determination  shall  not affect,  impair or invalidate the remainder of such signed authorization but shall  be  confined  in  its  operation  to  the  clause,  sentence, paragraph,  or part of the signed authorization directly involved in the controversy in which such judgment shall have been rendered.