[HISTORY: Comes from L.L.
No. 14-1967, adopted 8-29-1967, effective 8-31-1967. Amended 2-13-1968 by L.L. No. 2-1968, effective 2-23-1968; and approved,
as amended, by the Public Employment Relations Board of the State
of New York 4-11-1968.]
[1]
Editor's Note: A statement of policy, which appeared as Section
1.0 of the law as originally enacted, reads as follows:
"The Town Board of the Town of Hempstead hereby declares that
it is the public policy of the town and the purpose of this local
law to promote harmonious and cooperative relationships between town
government and its employees, and to protect the public by assuring,
at all times, the orderly and uninterrupted operations and functions
of government. These policies are best effectuated by granting to
town employees the right of organization and representation, by providing
for the recognition of employee organizations representing town employees
and negotiation of, and entering into, written agreements with such
organizations and by creating a Town Public Employment Relations Board
to assist in resolving disputes between town employees and/or their
representative organizations and the town."
For the purpose of this chapter, the terms used herein are defined
as follows:
The obligation or practice of the Town of Hempstead to deduct
from the salary of a town employee who is not a member of the certified
or recognized employee organization which represents such employee
for the purpose of collective negotiations conducted pursuant to this
chapter, an amount equivalent to the amount of dues payable by a member.
Such term also means the obligation or practice of the Town of Hempstead
to transmit the sums so deducted to an employee organization.
[Added 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978]
The result of the exchange of mutual promises between the
Supervisor of the Town of Hempstead 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, and as to those provisions, shall become binding when the appropriate
legislative body has given its approval.
[Added 2-17-1970 by L.L. No. 9-1970, effective 2-19-1970]
The Town Public Employment Relations Board created by this
chapter.
[Repealed 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
An organization of any kind having as its primary purpose
the improvement of terms and conditions of employment of town employees,
except that such term shall not include an organization:
Membership in which is prohibited by any general law.
Which discriminates with regard to the terms or conditions of
membership because of race, color, creed or national origin.
Which, in the case of town employees who hold positions by appointment
or employment in the service of the Board and who are excluded from
the application of this chapter by rules and regulations of the Board,
admits to membership or is affiliated directly or indirectly with
an organization which admits to membership persons not in the service
of the Board, for the purpose of any provision of this chapter.
The obligation or practice of the town to deduct from the
salary of a town employee with his consent an amount for the payment
of his membership dues in an employee organization. Such term also
means the obligation or practice of the town to transmit the sums
so deducted to an employee organization.
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.
[Amended 11-13-1973 by L.L. No. 100-1973, effective 11-19-1973; 4-18-1978 by L.L. No.
38-1978, effective 4-24-1978]
Any person holding a position by appointment or employment in the service of the town, except that such term shall not include for the purposes of any provisions of this chapter, other than §§ 32-10 and 32-11, persons holding positions by appointment and persons who may reasonably be designated from time to time as managerial or confidential, upon application of the town to the Town Public Employment Relations Board in accordance with procedures established pursuant to § 32-6 of this chapter or § 212 of the Civil Service Law of the State of New York.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
Any strike or other concerted stoppage of work or slowdown
by town employees.
Town employees shall have the right to form, join and participate
in, or to refrain from forming, joining or participating in, any employee
organization of their own choosing.
Town employees shall have the right to be represented by employee
organizations to negotiate collectively with the town in the determination
of their terms and conditions of employment and the administration
of grievances arising thereunder.
[Amended 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978]
A.
The Town Board of the Town of Hempstead is hereby empowered to recognize
employee organizations for the purpose of negotiating collectively
in the determination of and administration of grievances arising under
the terms and conditions of employment of town employees as provided
in this chapter and to negotiate and enter into written agreements
consistent with law with such employee organizations in determining
such terms and conditions of employment.
B.
For the purpose of this chapter, to negotiate collectively is the
performance of the mutual obligations of the town 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.
[Amended 2-17-1970 by L.L. No. 9-1970, effective 2-19-1970]
A.
Where an employee organization has been certified or recognized pursuant
to the provisions of this chapter, the Town of Hempstead shall be,
and hereby is, required to negotiate collectively with such employee
organization in the determination of and administration of grievances
arising under the terms and conditions of employment of employees
of the Town of Hempstead, as provided in this chapter, and to negotiate
and enter into written agreements with such employee organizations
in determining such terms and conditions of employment.
B.
Any written agreement between a public employer and an employee organization
determining the terms and conditions of employment of public employees
shall contain the following notice in type not smaller than the largest
type used elsewhere in such agreement:
|
"It is agreed by and between the parties that any provision
of this agreement requiring legislative action to permit its implementation,
by amendment of law or by providing the additional funds therefor,
shall not become effective until the appropriate legislative body
has given approval."
|
C.
Every employee organization submitting such a written agreement to
its members for ratification shall publish such notice, include such
notice in the documents accompanying such submission and shall read
it aloud at any membership meeting called to consider such ratification.
D.
Within 60 days after the effective date of this chapter, a copy of
this section shall be furnished by the Supervisor of each public employer
to each public employee. Each public employee employed thereafter
shall, upon such employment, be furnished with a copy of the provisions
of this section.
A.
There is hereby created a board to be know as the Town Public Employment
Relations Board which shall consist of three members appointed by
the Town Board from persons representative of the public. Not more
than two members of the Board shall be members of the same political
party. Each member shall be appointed for a term of six years, except
that, of the members first appointed, one shall be appointed for a
term expiring on the 31st day of August 1969; one for a term expiring
on the 31st day of August 1971; and one for a term expiring on the
31st day of August 1973, all of the terms to commence as of the first
day of August 1967. The Supervisor shall designate one member as Chairman
of the Board. A member appointed to fill a vacancy shall be appointed
for the unexpired term of the member whom he is to succeed.
B.
Members of the Board shall hold no other public office or public
employment in or by the Town of Hempstead.
C.
Members of the Board, when performing the work of the Board, shall
be compensated at such per diem rate, together with reimbursement
for actual and necessary expenses incurred in the discharge of their
duties hereunder, as the Town Board may, from time to time, prescribe.
D.
Additional appointments; disclosures.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
(1)
The Board may, from time to time, appoint such other persons, including,
but not limited to, executive director and such other persons, including,
but not limited to, attorneys, mediators, members of fact-finding
boards and representatives of employee organizations and town government,
to serve as technical advisors to such fact-finding boards as may
from time to time be deemed necessary for the performance of the functions
of the Board; prescribe their duties, fix their compensation and provide
for reimbursement of their expenses, within the amounts made available
therefor by appropriation. Attorneys appointed under this section
may, at the direction of the Board, appear for or represent the Board
in any case in court.
(2)
No member of the Board or its appointees, pursuant to this subdivision,
including without limitation any mediator or fact-finder employed
or retained by the Board, shall, except as required by this chapter,
be compelled, nor shall be voluntarily disclose to any administrative
or judicial tribunal, or at a hearing before a fact-finding board
held pursuant to § 32-9C(5) of the Town Code, any information
related to the resolution of a particular dispute in the course of
collective negotiations, acquired in the course of his official activities
under this section, nor shall any report, minutes, written communications,
or other documents pertaining to such information and acquired in
the course of his official activities under this chapter be subject
to subpoena or voluntarily disclosed; except that where the information
so required indicates that the person appearing or who has appeared
before the Board has been the victim of, or otherwise involved in,
a crime, other than a criminal contempt in a case involving or growing
out of a violation of this chapter; said members of the Board and
its appointees may be required to testify fully in relation thereto
upon any examination, trial or other proceeding in which the commission
of such crime is the subject of inquiry.
E.
In addition to the powers and functions provided in other sections
of this chapter, the Board shall have the following powers and functions:
(2)
To conduct studies of problems involved in representation and negotiation,
including, but not limited to:
(a)
Whether or not employee organizations are to be recognized as
representatives of their members only or are to have exclusive representation
rights for all employees in the negotiating unit.
(b)
The problems of unit determination.
(c)
Those subjects which are open to negotiation in whole or in
part.
(d)
Those subjects which require administrative or legislative approval
of modifications agreed upon by the parties.
(e)
Those subjects which are for determination solely by the appropriate
legislative body, and make recommendations from time to time for legislation
based upon the results of such studies.
(3)
To request from the Town of Hempstead, its agencies and departments
such assistance, services and data as will enable the Board to properly
carry out its functions and powers.
(4)
To make available to employee organizations, town government, mediators,
fact-finding boards and joint study committees established by the
town and employee organizations statistical data relating to wages,
benefits and employment practices in public and private employment
applicable to various occupations, to assist them to resolve complex
issues in negotiations.
(5)
To establish, after consulting representatives of employee organizations
and the Town Board, panels of qualified persons broadly representative
of the public to be available to serve as mediators, arbitrators or
members of fact-finding boards.
[Amended 2-17-1970 by L.L. No. 9-1970, effective 2-19-1970]
(6)
To hold such hearings and make such inquiries as it deems necessary
for it properly to carry out its functions and powers.
(7)
For the purpose of such hearings and inquiries, to administer oaths
and affirmations, examine witnesses and documents, take testimony
and receive evidence, compel the attendance of witnesses and the production
of documents by the issuance of subpoenas, and delegate such powers
to any members of the Board or any person appointed by the Board for
the performance of its functions. Such subpoenas shall be regulated
and enforced under the Civil Practice Law and Rules.
(8)
To make, amend and rescind, from time to time, such rules and regulations,
including but not limited to those governing its internal organization
and conduct of its affairs, and to exercise such other powers as may
be appropriate to effectuate the purposes and provisions of this chapter.
(10)
Notwithstanding any other provisions of law, neither the Supervisor
nor any other town officer, board, department or agency of the Town
of Hempstead shall supervise, direct or control the Board in the performance
of any of its functions or the exercise of any of its powers under
this chapter; provided, however, that nothing herein shall be construed
to exempt employees of the Board from the provisions of the Civil
Service Law.[3]
[3]
Editor's Note: Added 2-13-1968 by L.L. No. 2-1968, effective
2-23-1968.
For purposes of resolving disputes concerning representation status, pursuant to § 32-6 of this chapter, the Board shall:
A.
Define the appropriate employer-employee negotiating unit, taking
into account the following standards:
(1)
The definition of the unit shall correspond to a community of interest
among the employees to be included in the unit.
(2)
The officials of the town at the level of the unit shall have the
power to agree, or to make effective recommendations to other administrative
authorities or the Town Board with respect to the terms and conditions
of employment upon which the employees desire to negotiate.
(3)
The unit shall be compatible with the responsibilities of the Town
Board and town employees to serve the public.
B.
Ascertain the town 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 an election.
C.
Certify an employee organization upon:
(1)
The determination that such organization represents that group of
public employees it claims to represent.
(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.[1]
[1]
Editor's Note: Amended 2-13-1968 by L.L. No. 2-1968, effective
2-23-1968.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
A.
The town of Hempstead shall extend to an employee organization certified
or recognized, pursuant to this chapter, the following rights:
(1)
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 settlement of grievances.
(2)
To membership dues deduction, upon presentation of dues deduction
authorization cards signed by individual employees.
B.
An employee organization certified or recognized pursuant to this
chapter shall be entitled to unchallenged representation status until
seven months prior to the expiration of a written agreement between
the Town of Hempstead and said employee organization determining terms
and conditions of employment. For the purposes of this subsection:
(1)
Any such agreement for a term covering other than the fiscal year
of the Town of Hempstead shall be deemed to expire with the fiscal
year ending immediately prior to the expiration date of such agreement.
(2)
Any such agreement having a term in excess of three years shall be
treated as an agreement for a term of three years.
(3)
Extensions of any such agreement shall not extend the period of unchallenged
representation status.
C.
Notwithstanding the provisions and restrictions of §§ 32-2 and 32-9 of this chapter, and § 90-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 shall be entitled to negotiate, as part of any agreement entered into pursuant to this chapter, 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 Town of Hempstead shall make such deductions and transmit the sum so deducted to such employee organization; provided, however, that the foregoing provisions of this section 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.
[Added 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978]
[Amended 2-13-1968 by L.L. No. 2-1968, effective 2-23-1968; 2-17-1970 by L.L. No.
9-1970, effective 2-19-1970; 3-23-1971 by L.L. No. 26-1971, effective 3-25-1971; 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971; 5-2-1972 by L.L. No.
49-1972, effective 5-8-1972; 10-8-1974 by L.L. No. 96-1974, effective 10-15-1974]
A.
For purposes of this section, an impasse may be deemed to exist if
the parties fail to achieve agreement at least 120 days prior to the
end of the fiscal year of the Town of Hempstead.
B.
The Town Board is hereby empowered to enter into written agreements with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. Such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration. In the absence or upon failure of such procedures the Town Board and employee organizations may request the Board to render assistance as provided in this section, or the Board may render such assistance on its own motion, as provided in Subsection C of this section.
C.
Upon the request of either party or upon its own motion, as provided in Subsection B of this section, and in the event the Board determines that an impasse exists in collective negotiations between such employee organization and the Town of Hempstead as to the conditions of employment of town employees, the Board shall render assistance as follows:
[Amended 12-10-1974 by L.L. No. 119-1974, effective 12-13-1974]
(1)
To assist the parties to effect a voluntary resolution of the dispute
the Board shall appoint a mediator or mediators representative of
the public from a list of qualified persons maintained by the Board.
(2)
If the impasse continues the Board shall appoint a fact-finding board
of not more than three members, each representative of the public,
from a list of qualified persons maintained by the Board. The fact-finding
board shall have, in addition to the powers delegated to it by the
Board, the power to make public recommendations for the resolution
of the dispute.
(3)
If the dispute is not resolved at least 80 days prior to the end
of the fiscal year of the Town of Hempstead or by such other date
determined by the Town Public Employment Relations Board to be appropriate,
the fact-finding board, acting by a majority of its members:
(a)
Shall immediately transmit its finding of fact and recommendations
for resolution of the dispute to the supervisor and to the employee
organization involved.
(b)
May thereafter assist the parties to effect a voluntary resolution
of the dispute.
(c)
Shall within five days of such transmission make public such
findings and recommendations.
(4)
In the event that the findings of fact and recommendations are made public by a fact-finding board appointed by the Board or established pursuant to procedures agreed upon by the parties under Subsection B of this section, and the impasse continues, the Town Public Employment Relations Board shall have the power to take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of such fact-finding board, but no further fact-finding boards shall be appointed, and upon the request of the parties, said Public Employment Relations Board shall give assistance in providing for voluntary arbitration.
D.
In the event that either the Town Board or the employee organization
does not accept in whole or part the recommendations of the fact-finding
board, the supervisor of the Town of Hempstead shall, within 10 days
after receipt of the findings of fact and recommendations of the fact-finding
board, submit to the Town Board a copy of the findings of fact and
recommendations of the fact-finding board, together with his recommendations
for settling the dispute. The employee organization may submit to
the Town Board its recommendations for settling the dispute. The Town
Board, or a committee thereof duly appointed by the full Town Board,
shall forthwith conduct a public hearing at which the parties shall
explain their positions with respect to the report of the fact-finding
board, and thereafter the Town Board shall take such action as it
deems to be in the public interest, including the interest of the
public employees concerned.
A.
No employee of the Town of Hempstead, or employee organization, shall
engage in a strike, and no employee organization shall cause, instigate,
encourage or condone a strike.
B.
Employee violations: penalties; presumption; prohibition against
consent to strike; determination; notice; probation; payroll deductions;
objections; restoration.
[Amended 2-17-1970 by L.L. No. 9-1970, effective 2-19-1970]
(1)
Violations and penalties. Any employee of the Town of Hempstead who shall violate this section by engaging in a strike or violating Subsection (3) of this subsection shall be liable as provided in this subsection pursuant to the procedures contained herein. In addition, any public employee who violates Subsection A of this section may be subject to removal or other disciplinary action provided by law for misconduct.
(2)
Presumption. For purposes of this section, an employee who is absent
from work without permission, or who abstains wholly or in part from
the full performance of his duties in his normal manner without permission,
on the date or dates when a strike occurs, shall be presumed to have
engaged in such strike on such date or dates.
(3)
Prohibition against consent to strike. No person exercising on behalf
of the Town of Hempstead any authority, supervision or direction over
any Town of Hempstead employee shall have the power to authorize,
approve, condone or consent to a strike or the engaging in a strike
by one or more Town of Hempstead employees, and such person shall
not authorize, approve, condone or consent to such strike or engagement.
(4)
Determination. In the event that it appears that a violation of this
subsection may have occurred, the Supervisor shall, on the basis of
such investigation and affidavits as he may deem appropriate, determine
whether or not such violation has occurred and the date or dates of
such violation. If the Supervisor determines that such violation has
occurred, he shall further determine, on the basis of such further
investigation and affidavits as he may deem appropriate, the names
of employees who committed such violation and the date or dates thereof.
Such determination shall not be deemed to be final until the completion
of the procedures provided for in this subsection.
(5)
Notice. The Supervisor, who is also the chief fiscal officer of the Town of Hempstead, shall forthwith notify each employee found to have committed such violation of such finding and the date or dates thereof; and of his right to object to such determination pursuant to Subsection B(8) of this section; he shall also notify the Town Comptroller of the names of all such employees and of the total number of days, or part thereof, on which it has been determined that such violation occurred. Notice to each employee shall be by personal service or by certified mail at his last address filed by him with the Town of Hempstead.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
(6)
Probation. Notwithstanding any inconsistent provision of law, any
Town of Hempstead employee who has been determined to have violated
this subsection shall be on probation for a term of one year following
such determination, during which period he shall serve without tenure;
provided, however, that the effect of probation hereunder with regard
to teachers shall not exceed or differ from the effect of probation
hereunder with regard to other Town of Hempstead employees.
(7)
Payroll deductions. Not earlier than 30 nor later than 90 days following the date of such determination, the Supervisor of the Town of Hempstead shall cause to be deducted from the compensation of each such Town of Hempstead employee an amount equal to twice his daily rate of pay for each day or part thereof that it was determined that he had violated this subsection; such rate of pay to be computed as of the time of such violation. In computing such deduction, credit shall be allowed for amounts already withheld from such employee's compensation on account of his absence from work or other withholding of services on such day or days. In computing the aforesaid thirty- to ninety-day period of time following the determination of a violation, pursuant to Subsection B(4) of this section, and where the employee's annual compensation is paid over a period of time which is less than 52 weeks, that period of time between the last day of the last payroll period of the employment term in which the violation occurred and the first day of the first payroll period of the next succeeding employment term shall be disregarded and not counted.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
(8)
Objections and restoration. Any Town of Hempstead employee determined to have violated this subsection may object to such determination by filing with the Supervisor [within 20 days of the date on which notice was served or mailed to him pursuant to Subsection B(5) of this subsection] his sworn affidavit, supported by available documentary proof, containing a short and plain statement of the facts upon which he relies to show that such determination was incorrect. Such affidavit shall be subject to the penalties of perjury. If the Supervisor shall determine that the affidavit and supporting proof establishes that the employee did not violate this subsection, he shall sustain the objection. If the Supervisor determines that the affidavit and supporting proof fails to establish that the employee did not violate this subsection, he shall dismiss the objection and so notify the employee. If the Supervisor shall determine that the affidavit and supporting proof raises a question of fact which, if resolved in favor of the employee, would establish that the employee did not violate this subsection, he shall appoint a hearing officer to determine whether in fact the employee did violate this subsection. A hearing shall be conducted, after certified mail notice to the employee at his last address filed with the town, at which such employee shall bear the burden of proof. If the hearing officer shall determine that the employee failed to establish that he did not violate this subsection, the Supervisor shall so notify the employee. If the Supervisor sustains an objection or the hearing officer determines on a preponderance of the evidence that such employee did not violate this subsection, the Supervisor shall forthwith restore to the employee the tenure suspended pursuant to Subsection B(6) of this subsection and shall cause all further deductions to cease, and also shall cause to be refunded any deductions previously made pursuant to this subsection. The determinations provided in this subsection shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
C.
Employee organization penalties.
[Amended 2-13-1968 by L.L. No. 2-1968, effective 2-23-1968; 2-17-1970 by L.L. No.
9-1970, effective 2-19-1970]
(1)
An employee organization which is determined by the Town Public Employment Relations Board to have violated the provisions of § 32-10A of this chapter shall, in accordance with the provisions of the said section, lose the rights granted pursuant to the provisions of § 32-8A(2) of this chapter.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
(2)
In the event that it appears that a violation of § 32-10A of this chapter may have occurred, it shall be the duty of the Supervisor to:
(3)
In the event that it appears that a violation of § 32-10A of this chapter may have occurred, the Town Attorney or the Town Public Employment Relations Board, on its own motion, shall forthwith institute proceedings before the Town Public Employment Relations Board to determine whether such employee organization has violated the provisions of § 32-10A of this chapter.
(4)
Proceedings against an employee organization under this section shall
be commenced by service upon it of a written notice, together with
a copy of the charges. A copy of such notice and charges shall also
be served, for their information, upon the appropriate town officials
who recognize such employee organization and grant to it the rights
accompanying such recognition. The employee organization shall have
eight days within which to serve its written answer to such charges.
The hearing of the Town Public Employment Relations Board shall be
held promptly thereafter, and at such hearing the parties shall be
permitted to be represented by counsel and to summon witnesses in
their behalf. Compliance with the technical rules of evidence shall
not be required.
(6)
Forfeiture of rights; conditions affecting duration of forfeiture.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971; 4-18-1978 by L.L. No.
38-1978, effective 4-24-1978]
(a)
If the Board determines that an employee organization has violated the provisions of § 32-10A of this chapter, the Board shall order forfeiture of the rights granted pursuant to the provisions of § 32-8A(2) and C of this chapter for such specified period of time as the Board shall determine; or, in the discretion of the Board, for an indefinite period of time, subject to restoration upon application, with notice to all interested parties, supported by proof of good-faith compliance with the requirements of Subsection A of this section since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of Subsection A of this section, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed upon an employee organization pursuant to § 751(2) of the Judiciary Law remains wholly or partly unpaid, after the exhaustion of the cash and securities of the employee organization, the Board shall direct that, notwithstanding such forfeiture, such membership dues deductions shall be continued to the extent necessary to pay such fine, and the Town of Hempstead shall transmit such moneys to the court.
(b)
In fixing the duration of the forfeiture, the Board shall consider
all of the relevant facts and circumstances, including but not limited
to:
[2]
The impact of the strike on the public health, safety and welfare
of the community.
[3]
The financial resources of the employee organization.
[4]
The refusal of the employee organization, or the Town of Hempstead or its representatives, to submit to the mediation and fact-finding procedures provided in § 32-9.
[5]
Whether, if so alleged by the employee organization, the town
or its representatives engaged in such acts of extreme provocation
as to detract from the responsibility of the employee organization
for the strike.
(c)
In determining the financial resources of the employee organization, the Board shall consider both the income and the assets of such employee organization. In the event that membership dues are collected by the town, as provided in § 32-8A(2) and C of this chapter, the books and records of the town shall be prima facie evidence of the amount so collected.
(7)
An employee organization whose rights granted pursuant to the provisions of § 32-8A(2) and C of this chapter have been ordered forfeited pursuant to this section may be granted such rights after the termination of such forfeiture only after complying with the provisions of § 32-7C(2) of this chapter.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971; 4-18-1978 by L.L. No.
38-1978, effective 4-24-1978]
(8)
No compensation shall be paid by a public employer to a public employee with respect to any day or part thereof when such employee is engaged in a strike against such employer. The chief fiscal officer of the government involved shall withhold such compensation upon receipt of the notice provided by § 32-10B(5); notwithstanding the failure to have received such notice, no public employee or officer having knowledge that such employee has so engaged in such a strike shall deliver or cause to be delivered to such employee any cash, check or payment which, in whole or in part, represents such compensation.
D.
Within 60 days of the termination of a strike, the chief executive
officer of the government involved shall prepare and make public a
report, in writing, which shall contain the following information:
[Amended 2-13-1968 by L.L. No. 2-1968, effective 2-23-1968; 2-17-1970 by L.L. No.
9-1970, effective 2-19-1970; 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
(1)
The circumstances surrounding the commencement of the strike.
(2)
The efforts used to terminate the strike.
(3)
The names of those public employees whom the public officer or body
had reason to believe were responsible for causing, instigating or
encouraging the strike.
(4)
Related to the varying degrees of individual responsibility, the
sanctions imposed or proceedings pending against each such individual
public employee.
[Added 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
Notwithstanding the provisions of Section 807 of the Labor Law of the State of New York, where it appears that Town of Hempstead employees or an employee organization threaten or are about to do, or are doing, an act in violation of § 32-10 of this chapter, the Supervisor shall forthwith notify the Town Attorney, and provide such Town Attorney with such facilities, assistance and data as will enable the Town Attorney to carry out his duties under this section, and, notwithstanding the failure or refusal of the Supervisor to act as aforesaid, the Town Attorney shall forthwith apply to the Supreme Court for an injunction against such violation. If an order of the court enjoining or restraining such violation does not receive compliance, such Town Attorney shall forthwith apply to the Supreme Court to punish such violation under Section 750 of the Judiciary Law.
[Added 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
A.
Orders of the Town Public Employment Relations Board made pursuant
to this chapter shall be deemed to be final against all parties to
its proceedings, and persons who have had an opportunity to be parties
to its proceedings, unless reversed or modified in proceedings for
enforcement or judicial review as hereinafter provided. Such orders
shall be:
(1)
Reviewable under Article 78 of the Civil Practice Law and Rules,
upon petition filed by an aggrieved party within 30 days after service
by registered or certified mail of a copy of such order upon such
party.
(2)
Enforceable in a special proceeding, upon petition of such Board,
by the Supreme Court.
C.
If a proceeding by the Board for enforcement of its order is instituted
prior to the expiration of the period within which a party may seek
judicial review of such order; the respondent may raise in his answer
the questions authorized to be raised by Section 7803 of the Civil
Practice Law and Rules and thereafter the proceedings shall be governed
by the provisions of Article 78 of the Civil Practice Law and Rules
that are not inconsistent herewith, except that if an issue specified
in Question 4 of Section 7803 of the Civil Practice Law and Rules
is raised, the proceedings shall be transferred for disposition to
the Appellate Division of the Supreme Court. Where an issue specified
in Question 4 of Section 7803 of the Civil Practice Law and Rules
is raised, either in a proceeding to enforce or review an order of
the Board, the Appellate Division of the Supreme Court, upon completion
of proceedings before it, shall remit a copy of its judgment or order
to the court in which the proceeding was commenced, which court shall
have the power to compel compliance with such judgment or order.
D.
In a proceeding to enforce or review an order of the Board, the Court
shall have power to grant such temporary relief or restraining order
as it deems just and proper, and to make and enter a judgment or decree
enforcing, modifying and enforcing as so modified, or setting aside
in whole or in part the order of the Board.
E.
The failure to perform the duties required by § 32-10B and C of this chapter and by § 32-11 of this chapter shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in Section 102 of the Civil Service Law of the State of New York. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of Section 102 of the Civil Service Law of the State of New York.
[Added 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
A.
Membership and office in employee organizations. No managerial or
confidential employee of the Town of Hempstead, as determined pursuant
to § 32-1E 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 Town of Hempstead.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
No amendment of this chapter shall be effective until the New
York State Public Employee Relations Board determines that such amendment
is substantially equivalent to the provisions of Article 14 of the
New York State Civil Service Law and rules and procedures adopted
by the New York State Public Employees Relations Board.
[1]
Editor's Note: Added 2-13-1968 by L.L. No. 2-1968, effective
2-23-1968.
[Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
The effective date of any repeal of this chapter shall be at
least 60 days after the filing with the New York State Public Employment
Relations Board of a duly certified copy of the local law repealing
this chapter. Public notice of such repeal shall also be given by
the posting of the notice of repeal in a conspicuous place for a period
of five working days. Said notice is also to be published once in
a newspaper of general circulation within the town; such posting and
publication is to take place at least 45 days prior to the effective
date of the repeal.
[1]
Editor's Note: Added 2-13-1968 by L.L. No. 2-1968, effective
2-23-1968.
