ALBANY — Labor class public employees now have more disciplinary protections and rights, thanks to new legislation.
Gov. Andrew Cuomo recently signed CSEA-supported legislation (Chapter 271 of the laws of 2018) that amends state the Civil Service Law to grant labor class employees Section 75 disciplinary rights after five years of continuous service. This law goes into effect immediately.
The state’s Civil Service Law Section 75 provides basic disciplinary protection to certain classes of public employees subject to disciplinary penalties for “incompetency or misconduct.” Public employees protected against arbitrary actions of supervisors under this section include:
- All permanent competitive class employees;
- All state permanent employees in the classified service who are veterans or exempt volunteer firefighters, and
- All state employees in the non-competitive class (those whose positions are not fillable via a civil service examinations because the qualifications include one or more skills) who have had at least five years of continuous service.
Before the recent legislation, labor class workers were not included under these protections.
CSEA strongly supported and worked to enact this legislation.
“State and local government employees in labor class titles have some of the most physically demanding job duties, yet they were not granted the same rights as other workers,” CSEA President Danny Donohue. “This legislation will better ensure that this vulnerable group of at-will employees will have the same basic disciplinary rights as other public employees. This is a very important step toward protecting people who do some of our most difficult jobs.”
Labor class workers are those employed in traditionally unskilled titles who are hired directly by an employer. Because the titles have minimum qualifications other than the physical ability to do the job, civil service examinations are not required. These positions include titles such as facility operations, groundskeepers, parks and recreation aides and supply assistants.
Before the new legislation, workers were at risk for arbitrary termination and were also less likely to report health and safety concerns or other workplace issues.
The new legislation comes as a relief for Mount Sinai School District Unit President Mike Hagenburg, whose unit includes labor class titles. While settling the unit’s contract earlier this year, Hagenburg was seeking increased protection for these workers.
“Thankfully, [the legislation]happened and we’re happy about it,” Hagenburg said. “The stronger language will better protect workers.”
The disciplinary process under state Civil Service Law Section 75
Civil Service Law Section 75 provides basic protections to public employees facing disciplinary procedures. Here’s a look at the process and your rights.
An employee against whom disciplinary action is proposed must receive written notice of the proposed action and the reasons for the discipline. The employee must receive a copy of the charges and has at least eight days to answer the charges. A hearing date is set.
Before the hearing, the employee may be suspended without pay for a period not to exceed 30 days. If there has been no determination of the charges after this period, the employee must be reinstated.
At the hearing, the employer is responsible for proving the charges. The employee has the right to be
represented by counsel or a union or employee representative, and to summon witnesses on his or her behalf.
If the employee is found guilty of the charges, he or she may receive a reprimand, fine, suspension without pay for a period not exceeding two months, demotion in grade and title or termination. Employee can appeal the outcome through the state Civil Service Commission or court system.
Full CSEA members may have the right to use our in-house Legal Department & Legal Assistance Program. To learn more about Section 75 or the resources available to members, visit cseany.org
