Town of North Hempstead, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the North Hempstead Town Board 8-22-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Attendance of employees at outside meetings — See Ch. 3.
Payroll deduction — See Ch. 39A.
[Amended 8-26-1969; 9-28-1971]
The Town Board of the Town of North Hempstead hereby finds and declares that it is in the best interests of the citizens of the town and the employees of the Town of North Hempstead 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 last amended by Chapters 503 and 504 of the Laws of 1971, by establishing local provisions and procedures with respect to the determination of the representation status of employee organizations and the resolution of disputes in the course of collective negotiations with such organizations. It is the purpose of the said Act and the local provisions and procedures herein established to promote a harmonious and cooperative relationship between the town government and its employees by encouraging such employee organizations and the town government to agree upon procedures for resolving disputes, and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of town government. With this end in view, this Town Board also creates, as hereinafter provided, a local Public Employment Relations Board and establishes herein further procedures relating to the prohibition against strikes by public employees as provided in said Act.
[Added 11-29-1977 by L.L. No. 9, 1977]
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY SHOP FEE DEDUCTION
The obligation or practice of the Town of North Hempstead to deduct from the salary of a public 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 North Hempstead to transmit the sums so deducted to an employee organization.
AGREEMENT
The result of the exchange of mutual promises between the Chief Executive Officer of the Town of North 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 the Town Board of the Town of North Hempstead; and, as to those provisions, it shall become binding when the Town Board gives its approval.
DUTY TO BARGAIN OR NEGOTIATE COLLECTIVELY
The performance of the mutual obligation of the Town of North Hempstead and a 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.
EMPLOYEE ORGANIZATION
An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of public employees, except that such term shall not include an organization in which membership is prohibited by § 105 of the Civil Service Law or which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin.
MEMBERSHIP DUES DEDUCTION
The obligation or practice of the Town of North Hempstead to deduct from the salary of a public employee, with his consent, an amount for the payment of his membership dues in an employee organization. Such term also shall mean the obligation or practice of the Town of North Hempstead to transmit the sums so deducted to an employee organization.
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.
[Amended 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
Employees of the Town of North Hempstead shall have the right to form, join and participate in any employee organization of their own choosing. The term "employees" as used herein shall mean those persons holding a position by appointment or employment in the service of the Town of North Hempstead, except that such term shall not include, for the purposes of this chapter (other than § 16-8), persons who may reasonably be designated from time to time as managerial or confidential upon application of the Town of North Hempstead to the Public Employment Relations Board of the Town of North Hempstead in accordance with procedures established pursuant to § 16-4 of this chapter, which procedures shall provide that any such designations made during a period of unchallenged representation pursuant to § 16-6B of this ordinance shall only become effective upon the termination of such period of unchallenged representation.
A. 
Employees may be designated as managerial only if they are persons who:
(1) 
Formulate policy; or
(2) 
May reasonably be required on behalf of the Town of North Hempstead 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, provided that such role is not of a routine or clerical nature and requires the exercise of independent judgment.
B. 
Employees may be designated as confidential only if they are persons who assist and act in a confidential capacity to managerial employees described in § 16-2A(2).
[Amended 8-26-1969]
A. 
Right of representation. Such 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 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
B. 
Agreements between public employers and employee organizations.
(1) 
Any written agreement between the Town of North Hempstead 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 Town Board has given approval."
(2) 
Every employee organization submitting such a written agreement to its members for ratification shall publish such notice and include such notice in the documents accompanying such submission and shall read it aloud at any membership meeting called to consider such ratification.
(3) 
Within sixty (60) days after the effective date of this Act, a copy of this section shall be furnished by the Supervisor of the Town of North Hempstead to each public employee. Each public employee employed thereafter shall, upon such employment, be furnished with a copy of the provisions of this section.
[1]
Editor's Note: Former § 16-4, Public Employment Relations Board, as amended, was repealed 10-21-1986 by L.L. No. 10, 1986.
[Amended 1-16-1968]
For the purposes of resolving disputes concerning representation status, the Public Employment Relations Board of the Town of North Hempstead 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 departmental officials at the level of the unit shall have the power to make effective recommendations to their departmental heads or, in the case of a departmental head, to the Supervisor and 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 joint responsibilities of the town and its employees to serve the interests of the public.
B. 
Ascertain the public 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 town 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, as provided in § 207(3)(b) of the Civil Service Law.
[Amended 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
A. 
The Town of North Hempstead shall extend to an employee organization certified or recognized pursuant to this chapter the right:
(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 the 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 (7) months prior to the expiration of a written agreement between the Town of North 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 North Hempstead shall be deemed to expire with the fiscal year ending immediately prior to the termination date of such agreement.
(2) 
Any such agreement having a term in excess of three (3) years shall be treated as an agreement for a term of three (3) years.
(3) 
Extensions of any such agreement shall not extend the period of unchallenged representation status.
C. 
Notwithstanding provisions of and restrictions of § 16-2 of this chapter, § 93-6 of the General Municipal Law and § 6-a of the State Finance Law, every employee organization that has been recognized or certified as the exclusive representative of employees of the Town of North Hempstead 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 North Hempstead shall make such deductions and transmit the sum so deducted to such employee organization; provided, however, that the foregoing provisions of this subsection 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.
A. 
For purposes of this section, an impasse may be deemed to exist if the parties fail to achieve agreement at least one hundred twenty (120) days prior to the end of the fiscal year of the Town of North Hempstead.
[Amended 9-28-1971]
B. 
The town may 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 event such procedures fail to solve the impasse, or in the event no such written agreement is entered into, either the town or the organization, or both, may request the Public Employment Relations Board of the Town of North Hempstead to render assistance, as hereinafter provided. The Board on its own motion may intervene in the negotiations when an impasse exists.
[Amended 1-16-1968; 8-26-1969]
C. 
On request of either party or on its own motion, and in the event the said Board determines that an impasse exists in collective negotiations between such employee organization and the town as to the conditions of employment, the Public Employment Relations Board of the Town of North Hempstead shall render assistance as follows:
[Amended 1-16-1968]
(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 the list of qualified persons maintained by the Board as provided in § 16-4 hereof.
(2) 
If the impasse continues, the Board shall appoint a fact-finding board of not more than three (3) members, each representative of the public, from the list of qualified persons maintained by the Board as provided in § 16-4 hereof, which 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 eighty (80) days prior to the end of the fiscal year of the Town of North Hempstead or by such other date determined by the Board to be appropriate, the fact-finding board, acting by a majority of its members, shall immediately transmit its findings of fact and recommendations for resolution of the dispute to the Supervisor and to the employee organization involved, may thereafter assist the parties to effect a voluntary resolution of the dispute and shall, within five (5) days of such transmission, make public such findings and recommendations.
[Amended 8-26-1969; 9-28-1971]
(4) 
In the event that the findings of fact and recommendations are made public by a fact-finding board appointed by the Public Employment Relations Board of the Town of North Hempstead or established pursuant to procedures agreed upon by the parties under Subsection B of this section and the impasse continues, the Public Employment Relations Board of the Town of North Hempstead 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 board shall be appointed, and upon the request of the parties, assist in providing for voluntary arbitration.
[Amended 1-16-1968; 8-26-1969; 11-24-1970]
(5) 
In the event that either the town or the employee organization does not accept in whole or part the recommendations of the fact-finding board, the Supervisor shall, within ten (10) days after receipt of the findings of fact and recommendations of the fact-finding board, submit to the Town Board of the Town of North Hempstead a copy of the findings of fact and recommendations of the fact-finding board, together with his recommendations for settling the dispute, and the employee organization may also submit to the Town Board its recommendations for settling the dispute; the Town Board or a duly authorized committee thereof shall forthwith conduct a public hearing at which the parties shall be required to 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 involved.
[Amended 8-26-1969; 9-28-1971]
A. 
No employee of the Town of North Hempstead or employee organization shall engage in a strike or other concerted stoppage or slowdown of work, and no employee organization shall cause, instigate, encourage or condone a strike or other concerted stoppage or slowdown of work.
[Amended 8-26-1969 by L.L. 69, 1969; 11-29-1977 by L.L. No. 9, 1977]
B. 
Violations and penalties; presumption; prohibition against consent to strike; determination; notice; probation; payroll deductions; objections; and restoration.
[Amended 8-26-1969]
(1) 
Violations and penalties. A public employee shall violate this subsection by engaging in a strike or violating § 16-8B(3) and shall be liable as provided in this subsection pursuant to the procedures contained herein. In addition, any public employee who violates § 16-8A may be subject to removal or other disciplinary action provided by law for misconduct.
(2) 
Presumption. For purposes of this subsection, 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 any public employer any authority, supervision or direction over any public employee shall have the power to authorize, approve, condone or consent to a strike or the engaging in a strike by one (1) or more public 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 of the Town of North Hempstead 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 of the Town of North Hempstead shall forthwith notify each employee that he has been found to have committed such violation, and the date or dates thereof, and of his right to object to such determination pursuant to § 16-8B(8). He shall also notify the Comptroller of the Town of North Hempstead 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 to his last address filed by him with the Town of North Hempstead.
[Amended 9-28-1971]
(6) 
Probation. Notwithstanding any inconsistent provision of law, any public employee who has been determined to have violated this subsection shall be on probation for a term of one (1) year following such determination, during which period he shall serve without tenure.
(7) 
Payroll deductions. Not earlier than thirty (30) nor later than ninety (90) days following the date of such determination, the Comptroller of the Town of North Hempstead shall deduct from the compensation of each such public 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 thirty- to ninety-day period of time following the determination of a violation pursuant to § 16-8B(4) and where the employee's annual compensation is paid over a period of time which is less than fifty-two (52) weeks, that period of time between the last day of the 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 9-28-1971]
(8) 
Objections and restoration. Any employee determined to have violated this subsection may object to such determination by filing with the Supervisor [within twenty (20) days of the date on which notice was served or mailed to him pursuant to § 16-8B(5)] 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 shall determine 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 after a hearing 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 evidence that such employee did not violate this subsection, the Supervisor shall forthwith restore to the employee the tenure suspended pursuant to § 16-8B(6) and notify the Comptroller of the Town of North Hempstead, who shall thereupon cease all further deductions and refund any deductions previously made pursuant to this subsection. The determinations provided in this Subsection B(8) shall be reviewable pursuant to Article 78 of the Civil Practice Law and Rules.
C. 
Procedures before and after determination of violation.
(1) 
An employee organization which is determined by the Public Employment Relations Board of the Town of North Hempstead to have violated the provisions of § 16-8A shall, in accordance with the provisions of this section, lose the rights granted pursuant to the provisions of § 16-6A(2) and C of this chapter.
[Amended 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
(2) 
In the event that it appears that a violation of § 16-8A may have occurred, it shall be the duty of the Supervisor forthwith to so notify the Public Employment Relations Board of the Town of North Hempstead and the Town Attorney and to provide the said Board and the Town Attorney with such facilities, assistance and data as will enable the said Board and the Town Attorney to carry out their duties under this section.
[Amended 8-26-1969]
(3) 
In the event that it appears that a violation of § 16-8A may have occurred, the Town Attorney or the Public Employment Relations Board of the Town of North Hempstead on its own motion shall forthwith institute proceedings before the Public Employment Relations Board of the Town of North Hempstead to determine whether such employee organization has violated the provisions of § 16-8A, unless an application to punish for contempt has been made in accordance with and pursuant to the last sentence of § 211 of the Civil Service Law and such application terminates in a judgment on the merits.
[Amended 8-26-1969]
(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. Copies of the notice and the charges shall also be served upon the Supervisor, the Town Attorney, the Town Clerk and the head of the town department, agency or board involved. The employee organization shall have eight (8) days within which to serve its written answer to such charges. The hearing of the Public Employment Relations Board of the Town of North Hempstead 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.
[Amended 1-16-1968]
(5) 
In determining whether an employee organization has violated § 16-8A, the said Board shall consider whether the employee organization called the strike or tried to prevent it and whether the employee organization made or was making good-faith efforts to terminate the strike.
[Amended 8-26-1969]
(6) 
If the said Board determines that an employee organization has violated the provisions of § 16-8A, the said Board shall order forfeiture of the rights granted pursuant to the provisions of § 16-6A(2) and C of this chapter for a 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 § 16-8A since the date of such violation, such proof to include, for example, the successful negotiation, without a violation of § 16-8A, of a contract covering the employees in the unit affected by such violation; provided, however, that where a fine imposed on an employee organization pursuant to Subdivision 2 of § 751 of the Judiciary Law remains wholly or partly unpaid after the exhaustion of the cash and securities of the employee organization, the said Board shall direct that, notwithstanding such forfeiture, such membership dues deduction shall be continued to the extent necessary to pay such fine and the town shall transmit such moneys to the court. In fixing the duration of the forfeiture, the Board shall consider all the relevant facts and circumstances, including but not limited to the extent of any willful defiance of § 16-8A; the impact of the strike on the public health, safety and welfare of the community; and the financial resources of the employee organization, and the Board may consider the refusal of the employee organization or the Town of North Hempstead to submit to the mediation and fact-finding procedures provided in § 16-7 and whether, if so alleged by the employee organization, the Town of North Hempstead or its representatives engaged in acts of extreme provocation as to detract from the responsibility of the employee organization for the strike. 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 of North Hempstead as provided in § 16-6A(2) of this chapter, the books and records of such public employer shall be prima facie evidence of the amount collected.
[Amended 8-26-1969; 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
(7) 
An employee organization whose rights granted pursuant to the provisions of § 16-6A(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 § 16-5C(2) of this chapter.
[Amended 9-28-1971; 11-29-1977 by L.L. No. 9, 1977]
(8) 
No compensation shall be paid by the Town of North Hempstead to a public employee with respect to any day or part thereof when such employee is engaged in a strike against said town. The Comptroller of the Town of North Hempstead shall withhold such compensation upon receipt of the notice provided by § 16-8B(6); notwithstanding the failure to have received such notice, no public employees 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.
[Added 8-26-1969]
D. 
Within sixty (60) days of the termination of a strike, the Supervisor of the Town of North Hempstead shall prepare and make public a report, in writing, which shall contain the following information: the circumstances surrounding the commencement of the strike; the efforts used to terminate the strike; the names of those public employees whom the Supervisor or the Town Board of the Town of North Hempstead had reason to believe were responsible for causing, instigating or encouraging the strike; and, related to the varying degrees of individual responsibility, the sanctions imposed or proceedings pending against each such individual public employee.
[Added 8-26-1969; amended 9-28-1971[1]]
[1]
Editor's Note: The amendment of 8-26-1969 originally added this subsection as Subsection E. It was subsequently designated as Subsection D with the amendment of 9-28-1971 when former Subsection D, Judicial review and enforcement, was redesignated as § 16-9.
[Amended 1-16-1968; 8-26-1969; 9-28-1971[1]]
A. 
Orders of the Public Employment Relations Board of the Town of North Hempstead 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 of judicial review as hereinafter provided. Such orders shall be reviewable under Article 78 of the Civil Practice Law and Rules upon petition filed by an aggrieved party within thirty (30) days after service by registered or certified mail of a copy of such order upon such party, and enforceable in a special proceeding, upon petition of such Board, by the Supreme Court.
[Amended 11-29-1977 by L.L. No. 9, 1977]
B. 
Orders of the Board or its agents made pursuant to § 16-5A and B of this chapter shall be reviewable only in a proceeding brought under Article 78 of the Civil Practice Law and Rules to review an order of the Board made pursuant to § 16-5C of this chapter.
[Amended 11-29-1977 by L.L. No. 9, 1977]
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 § 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 § 7803 of the Civil Practice Law and Rules is raised, the proceeding shall be transferred for disposition to the Appellate Division of the Supreme Court. Where an issue specified in Question 4 of § 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 § 16-8B and C of this chapter and by § 211 of the Civil Service Law shall be reviewable in a proceeding under Article 78 of the Civil Practice Law and Rules by any taxpayer, as defined in § 102 of the Civil Service Law. Any such taxpayer shall also have standing to institute any action described in Subdivisions 1 and 2 of § 102 of the Civil Service Law.
[Amended 11-29-1977 by L.L. No. 9, 1977]
[1]
Editor's Note: The amendment of 9-28-1971 provided for the redesignation of former § 16-8D to become § 16-9 and the redesignation of former § 16-9 to become § 16-11.
[Added 9-28-1971;[1]amended 11-29-1977 by L.L. No. 9, 1977]
No managerial or confidential employee, as determined pursuant to § 16-2 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 employees employed by the Town of North Hempstead of such managerial or confidential employee.
[1]
Editor's Note: With the addition of this section, former ~ 16-10 was redesignated as ~ 16-12.
[Amended 9-28-1971;[1]11-29-77 by L.L. No. 9, 1977]
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, and if so approved, this chapter shall become effective immediately upon such approval.
[1]
Editor's Note: This amendment also provided for the redesignation of former ~ 16-9 to become ~ 16-11.
[Added 1-16-1968; amended 9-28-1971[1]
A. 
Any provisions and procedures established herein may be terminated by future chapter of the Town Board, and the termination of such provisions and procedures shall become effective sixty (60) days after the filing with the New York State Public Employment Relations Board of a duly certified copy of such chapter terminating the applicability of any of the provisions and procedures herein.
[Amended 11-29-1977 by L.L. No. 9, 1977]
B. 
In the event of the termination of any of the provisions and procedures set forth herein, public notice of the termination of any local procedures involved shall be given at least forty-five (45) days prior to the effective date of such termination by posting in a conspicuous place in the Town Hall for not less than five (5) working days and inclusion in a public advertisement in a local newspaper of general circulation for not less than one (1) day.
C. 
No amendment to this chapter shall be effective until the New York State Public Employment Relations Board finds that the provisions and procedures, as amended, are substantially equivalent to the provisions and procedures set forth in the Civil Service Law and the Rules of Procedure of the New York State Public Employment Relations Board.
[Amended 11-29-1977 by L.L. No. 9, 1977]
[1]
Editor's Note: The amendment of 9-28-1971 provided for the redesignation of former ~ 16-10 to become ~ 16-12.