[Amended 9-15-2011 by L.L. No. 49-2011]
The Suffolk County Legislature hereby finds and declares that
it is in the best interests of the citizens of the County and the
employees of the Suffolk County government to provide for the effective
implementation of the requirements of the Public Employees' Fair
Employment Act, as set forth in Article 14 of the Civil Service Law,
as amended, by establishing local provisions and procedures with respect
to the determination of the representation status of employees'
organizations and the resolution of disputes in the course of collective
negotiations with such organizations. It is the purpose of the Act
and the local provisions and procedures herein established to promote
a harmonious and cooperative relationship between the County government
and its employees and to protect the public by assuring, at all times,
the orderly and uninterrupted operations and functions of County government.
With this end in view, this Suffolk County Legislature also creates,
as hereinafter provided, a local Public Employment Relations Board.
[Amended 9-15-2011 by L.L. No. 49-2011]
Employees of the County of Suffolk shall have the right to be
represented by employee organizations to negotiate collectively with
the County in the determination of their terms and conditions of employment
and the administration of grievances arising thereunder. The terms
"employee organization" and "terms and conditions of employment,"
as used in this chapter, shall have such meanings as are defined in
§ 201 of Article 14 of the Civil Service Law, as amended.
As used in this chapter, the following terms shall have the
meanings indicated:
AGREEMENT
The result of the exchange of mutual promises between the
County Executive of the County of Suffolk and an employee organization
which becomes a binding contract for the period set forth therein,
except as to any provisions therein which require approval by a legislative
body, which provisions shall become binding when the County Legislature
gives its approval.
EMPLOYEE or PUBLIC EMPLOYEE
Any person holding a position by appointment or employment in the service of the County of Suffolk, except that such term shall not include, for the purposes of any provision of this chapter other than §
68-10, persons holding positions by appointment or employment in the organized militia of the state and persons who may reasonably be designated from time to time as managerial or confidential upon application of the County of Suffolk to the Suffolk County Public Employment Relations Board, in accordance with procedures established pursuant to §
68-6 of this chapter, which procedures shall provide that any designations made during a period of unchallenged representation pursuant to §
68-8B of this chapter shall only become effective upon the termination of such period of unchallenged representation. Employees may be designated as managerial only if they are persons who formulate policy or who may reasonably be required on behalf of the County of Suffolk to assist directly in the preparation for and conduct of collective negotiations or to have a major role in the administration of agreements or in personnel administration. Employees may be designated as confidential only if they are persons who assist and act in a confidential capacity to managerial employees described in the second clause above.
TERMS AND CONDITIONS OF EMPLOYMENT
Salaries, wages, hours, agency shop fee deduction and other
terms and conditions of employment; provided, however, that such term
shall not include any benefits provided by or to be provided by a
public retirement system, or payments to a fund or insurer to provide
an income for retirees, or payment to retirees or their beneficiaries.
No such retirement benefits shall be negotiated pursuant to this chapter,
and any benefits so negotiated shall be void.
TO NEGOTIATE COLLECTIVELY
The performance of the mutual obligation of the County of
Suffolk and the recognized or certified employee organization to meet
at reasonable times and confer in good faith with respect to wages,
hours and other terms and conditions of employment, or the negotiation
of an agreement, or any question arising thereunder, and the execution
of a written agreement incorporating any agreement reached if requested
by either party, but such obligation does not compel either party
to agree to a proposal or require the making of a concession.
For purposes of resolving disputes concerning representation
status, the Public Employment Relations Board of Suffolk County shall:
A. Define the appropriate employer-employee negotiating unit by taking
into account, if it wishes, the recommendation of the County Executive,
the County Legislature and any employee organizations. The definition
of the unit shall correspond to a community of interest among the
employees to be included in the unit which shall be compatible with
the joint responsibilities of the County and its employees to serve
the interests of the public.
B. Ascertain the employees' choice of employee organization as
their representative in cases where the parties to a dispute have
not agreed on the means to ascertain the choice, if any, of the employees
in the unit on the basis of dues deduction authorization and other
evidences or, if necessary, by conducting a secret ballot election.
C. Certify an employee organization upon:
(1) The determination that such organization represents that group of
employees it claims to represent; and
(2) The affirmation by such organization that it does not assert the
right to strike against any government, to assist or participate in
any such strike or to impose an obligation to conduct, assist or participate
in such a strike.
No managerial or confidential employee, as determined pursuant to §
68-2 of this chapter, shall hold office in or be a member of any employee organization which is or seeks to become, pursuant to this chapter, the certified or recognized representative of the public employees employed by the County of Suffolk.
The provisions and procedures established herein shall be submitted
for approval to the New York State Public Employment Relations Board,
as provided in § 212 of the Civil Service Law, as added
by Chapter 392 of the Laws of 1967.