2006 New York Code - Improper Practices; Good Faith Bargaining.

 
    § 12-306 Improper practices; good faith bargaining. a. Improper public
  employer  practices.  It  shall  be  an  improper  practice for a public
  employer or its agents:
    (1) to interfere with, restrain or  coerce  public  employees  in  the
  exercise of their rights granted in section 12-305 of this chapter;
    (2)  to  dominate or interfere with the formation or administration of
  any public employee organization;
    (3)  to  discriminate  against  any  employee  for  the   purpose   of
  encouraging  or  discouraging  membership  in,  or  participation in the
  activities of, any public employee organization;
    (4) to refuse to bargain collectively in good faith on matters  within
  the   scope  of  collective  bargaining  with  certified  or  designated
  representatives of its public employees;
    (5) to unilaterally make any change as to  any  mandatory  subject  of
  collective  bargaining  or  as  to  any term and condition of employment
  established in the prior contract, during a period of negotiations  with
  a  public  employee  organization as defined in subdivision d of section
  12-311 of this chapter.
    b. Improper public employee organization practices.  It  shall  be  an
  improper practice for a public employee organization or its agents:
    (1)  to  interfere  with,  restrain  or coerce public employees in the
  exercise of rights granted in section 12-305  of  this  chapter,  or  to
  cause, or attempt to cause, a public employer to do so;
    (2)  to  refuse  to  bargain  collectively in good faith with a public
  employer or  on  matters  within  the  scope  of  collective  bargaining
  provided  the  public employee organization is a certified or designated
  representative of public employees of such employer;
    (3) to breach its duty of  fair  representation  to  public  employees
  under this chapter.
    c.  Good faith bargaining. The duty of a public employer and certified
  or designated employee organization  to  bargain  collectively  in  good
  faith shall include the obligation:
    (1)  to  approach  the negotiations with a sincere resolve to reach an
  agreement;
    (2)  to  be  represented  at  the  negotiations  by  duly   authorized
  representatives  prepared to discuss and negotiate on all matters within
  the scope of collective bargaining;
    (3) to meet at reasonable times and convenient places as frequently as
  may be necessary, and to avoid unnecessary delays;
    (4) to furnish  to  the  other  party,  upon  request,  data  normally
  maintained  in  the regular course of business, reasonably available and
  necessary for full and proper discussion, understanding and  negotiation
  of subjects within the scope of collective bargaining;
    (5)  if  an  agreement  is  reached, to execute upon request a written
  document embodying the agreed terms, and  to  take  such  steps  as  are
  necessary to implement the agreement.
    d. Joinder of parties in duty of fair representation cases. The public
  employer shall be made a party to any charge filed under paragraph three
  of  subdivision  b of this section which alleges that the duly certified
  employee organization breached its duty of fair  representation  in  the
  processing of or failure to process a claim that the public employer has
  breached its agreement with such employee organization.
    e.  A  petition  alleging  that  a  public employer or its agents or a
  public employee organization or its agents has engaged in or is engaging
  in an improper practice in violation of this section may be  filed  with
  the  board of collective bargaining within four months of the occurrence
  of the acts alleged to constitute the improper practice or of  the  date
  the  petitioner  knew  or  should  have  known  of said occurrence. Such


  petition may be filed by one or more  public  employees  or  any  public
  employee  organization  acting on their behalf, or by a public employer,
  together with a request to the board for a final  determination  of  the
  matter and for an appropriate remedial order.