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Taylor Law changes a big win for CSEA
ALBANY — In a major victory for CSEA, Gov. Andrew Cuomo recently signed legislation that changes the state’s Taylor Law to protect working people from the impending implications of the U.S. Supreme Court’s expected ruling in Janus v. AFSCME Council 31.
This bill signing shows the continued power
of working people in New York, even as the labor movement faces attacks like never before. Even if the U.S. Supreme Court decides that non-members can benefit from union representation without having to contribute, the changes will help us continue to provide the best representation to CSEA members.
“By enacting these changes, the governor and state legislators supported what we have been saying all along — that there is no free lunch,” CSEA President Danny Donohue said. “The central issue is fairness to working people across our state.”
CSEA strongly advocated for the legislation passed as part of the recent 2018-19 New York State Budget (see more about the budget, page 6).
“The governor and state legislature stood with us in passing this legislation that ensures fairness and allows CSEA to represent all of our members to the best of our ability,” Donohue said. “Our state’s elected leaders have shown solid leadership and support in standing alongside us in promoting the rights of labor in the face of attacks from wealthy CEOs and corporate interests who are out to destroy and defund our union.”
Here is a look at the changes to the Taylor Law, initially passed in 1967:
Labor and elected officials, including New York State AFL-CIO President Mario Cilento, fifth from right, stand behind Gov. Andrew Cuomo as he signs the legislation amending the Taylor Law.
Duty of Fair Representation limited
The most important change to the Taylor Law relates to the Duty of Fair Representation.
The new legislation gives public employee unions the option not to provide representation
to non-members in any disciplinary cases. Unions will not be required to offer any legal, economic, or job-related services beyond those provided in the collective bargaining agreement.
New employee information boost
The new legislation also states that public employers must notify an employee organization of new employees, and provide the following, within 30 days of employment:
• name;
• address;
• job title;
• employing agency department or other
operating unit; and
• work location.
Public employers must also allow a duly
appointed representative to meet with new employees at the work site during work time for a reasonable amount of time without requiring employees to charge leave time. Additionally, employee organizations are now permitted to use electronic membership cards.
Returning from leave
One other significant change to the Taylor Law addresses the “churn” problem that has occurred when members have gone out on voluntary or involuntary leave and been reinstated as agency fee payers upon their return. Now when members return to the same employer after voluntary or involuntary leave, they will return as members and the right to deduct dues will be automatically reinstated.
“Regardless of the outcome of the Janus case, this legislation will strengthen workers’ ability to stay union and stay strong!” Donohue said.
What is the Taylor Law?
On April 21, 1967, CSEA gained the legal right to collective bargaining when Gov. Nelson Rockefeller signed the state Public Employees Fair Employment Act, also known as the Taylor Law.
Over the past half century, the Taylor Law has given our union the right to negotiate fair wages, strong health benefits and workplace protections for our members.
While many of our state’s elected leaders had long acknowledged CSEA as a legitimate public employee representative, our union legally didn’t have the right to bargain collectively with employers.
In the mid-20th century, public employee labor policy was guided by the Condon-Wadlin Act, which prohibited public employees from striking, did not allow collective bargaining and didn’t give workers an alternative means for settling labor-management disputes.
State Department of Labor attorney Jerome Lefkowitz, who would later serve as CSEA’s deputy counsel, drafted the state Public Employees Fair Employment Act, or Taylor Law, to replace Condon-Wadlin.
The Taylor Law also prohibited strikes
by public employees, but it gave public employees the right to collectively bargain. It also established a charter of rights for public employees, and established the state Public Employment Relations Board (PERB) to oversee the law.
The Taylor Law, and the 1982 Triborough Amendment, which bars public employers from changing provisions of expired labor agreements until a new contract is reached, have guided our work in securing fair agreements.
As we are facing unprecedented challenges to our future, it’s important to never take for granted our rights under this important law.
May 2018
The Work Force 3