2023 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,  home
address,  job  title,  employing agency or department or other operating
unit and work location of all employees of a bargaining unit. A  failure
to  comply  with  this  paragraph  shall  be deemed an improper employer
practice pursuant to paragraph (a) of subdivision  one  of  section  two
hundred nine-a of this article.
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 twenty-one 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.