2006 New York Code - Scope Of Collective Bargaining; Management Rights.

 
    § 12-307 Scope of collective bargaining; management rights. a. Subject
  to  the provisions of subdivision b of this section and subdivision c of
  section 12-304 of  this  chapter,  public  employers  and  certified  or
  designated employee organizations shall have the duty to bargain in good
  faith  on  wages  (including  but  not  limited to wage rates, pensions,
  health and welfare benefits, uniform  allowances  and  shift  premiums),
  hours  (including  but  not  limited  to  overtime  and  time  and leave
  benefits), working conditions and provisions for the deduction from  the
  wages  or  salaries  of employees in the appropriate bargaining unit who
  are not members of the certified or designated employee organization  of
  an  agency  shop  fee  to  the  extent permitted by law, but in no event
  exceeding sums equal to the periodic  dues  uniformly  required  of  its
  members  by  such  certified or designated employee organization and for
  the payment of the sums so  deducted  to  the  certified  or  designated
  employee organization, subject to applicable state law, except that:
    (1)  with  respect to those employees whose wages are determined under
  section two hundred twenty of the labor law, the duty to bargain in good
  faith over wages and supplements shall be governed by said section;
    (2) matters which must be uniform for all  employees  subject  to  the
  career and salary plan, such as overtime and time and leave rules, shall
  be  negotiated  only  with a certified employee organization, council or
  group of certified employee organizations designated  by  the  board  of
  certification  as  being the certified representative or representatives
  of bargaining units which include more than fifty percent  of  all  such
  employees,  but nothing contained herein shall be construed to deny to a
  public employer or certified employee organization the right to  bargain
  for  a  variation or a particular application of any city-wide policy or
  any term of any agreement executed  pursuant  to  this  paragraph  where
  considerations  special  and unique to a particular department, class of
  employees, or collective bargaining unit are involved;
    (3) matters which must be uniform for all employees  in  a  particular
  department   shall   be   negotiated  only  with  a  certified  employee
  organization, council or  group  of  certified  employees  organizations
  designated  by  the  board  of  certification  as  being  the  certified
  representative or representatives of bargaining units which include more
  than fifty percent of all employees in the department;
    * (4) all matters, including but not limited to pensions, overtime and
  time and leave rules which affect employees  in  the  uniformed  police,
  fire, sanitation and correction services, or any other police officer as
  defined  in  subdivision  thirty-four  of  section  1.20 of the criminal
  procedure law who is also defined as a  police  officer  in  this  code,
  shall   be   negotiated   with   the  certified  employee  organizations
  representing the employees involved.  For  purposes  of  this  paragraph
  only:
    (i) employees of the uniformed fire service shall also include persons
  employed  at  any level of position or service by the fire department of
  the city of New York as fire alarm dispatchers and supervisors  of  fire
  alarm  dispatchers,  fire  protection inspectors and supervisors of fire
  protection  inspectors,  emergency  medical  technicians  and   advanced
  emergency  medical  technicians,  as  those terms are defined in section
  three thousand  one  of  the  public  health  law,  and  supervisors  of
  emergency medical technicians or advanced emergency medical technicians;
    (ii)  employees  of  the  uniformed  police service shall also include
  persons employed at any level of  position  or  service  by  the  police
  department  of  the  city  of New York as traffic enforcement agents and
  supervisors of traffic enforcement agents, and school safety agents  and
  supervisors of school safety agents; and


    (iii) employees of the uniformed sanitation service shall also include
  persons  employed  at any level of position or service by the sanitation
  department of the city of New York as sanitation enforcement agents  and
  supervisors of sanitation enforcement agents;
    * The  validity  of  local  law  56  of 2005 is currently a subject of
  disagreement between the Mayor and the City Council. This  certification
  is  not  intended as a legal opinion as to the validity of the local law
  other than certifying the truth of the facts presented herein.
    (5) all matters, including but not limited to pensions,  overtime  and
  time  and  leave rules which affect the following employees at any level
  of position or service in the following  agencies  shall  be  negotiated
  with  the  certified  employee  organizations representing the employees
  involved:
    (i) persons employed by the department of  homeless  services  of  the
  city   of  New  York  as  special  officers,  senior  special  officers,
  supervising special officers and principal special officers;
    (ii) persons employed by the department of health and  mental  hygiene
  of  the  city  of New York as special officers, senior special officers,
  supervising special officers and principal special officers;
    (iii) persons employed by the department of juvenile  justice  of  the
  city   of  New  York  as  special  officers,  senior  special  officers,
  supervising special officers and principal special officers;
    (iv) persons employed by the human  resources  administration  of  the
  city   of  New  York  as  special  officers,  senior  special  officers,
  supervising special officers and principal special officers;
    (v) persons employed by the administration for children's services  of
  the  city  of  New  York  as  special officers, senior special officers,
  supervising special officers and principal special officers;
    (vi) persons employed by the taxi and limousine commission of the city
  of New York as taxi  and  limousine  inspectors,  supervising  taxi  and
  limousine inspectors, senior taxi and limousine inspectors and associate
  taxi and limousine inspectors;
    (vii) persons employed by the department of transportation of the city
  of New York as parking control specialists and associate parking control
  specialists;
    (viii)  persons  employed by the department of parks and recreation of
  the city of New York as urban park  rangers  and  associate  urban  park
  rangers; and
    (ix)  persons employed by the department of finance of the city of New
  York as deputy sheriffs, supervising deputy sheriffs and  administrative
  sheriffs.
    (6)  matters  involving pensions for employees other than those in the
  uniformed  forces  referred  to  in  paragraph  four  hereof,  shall  be
  negotiated only with a certified employee organization, council or group
  of   certified   employee  organizations  designated  by  the  board  of
  certification as representing bargaining units which include  more  than
  fifty percent of all employees included in the pension system involved.
    b.  It  is the right of the city, or any other public employer, acting
  through its agencies, to determine  the  standards  of  services  to  be
  offered  by  its  agencies;  determine  the  standards  of selection for
  employment; direct its employees; take disciplinary action; relieve  its
  employees  from  duty  because  of  lack of work or for other legitimate
  reasons; maintain the efficiency of governmental  operations;  determine
  the  methods,  means and personnel by which government operations are to
  be conducted; determine the content of  job  classifications;  take  all
  necessary  actions to carry out its mission in emergencies; and exercise
  complete control and discretion over its organization and the technology
  of performing its work. Decisions  of  the  city  or  any  other  public


  employer  on  those  matters  are  not  within  the  scope of collective
  bargaining, but, notwithstanding the  above,  questions  concerning  the
  practical  impact  that decisions on the above matters have on terms and
  conditions  of  employment,  including, but not limited to, questions of
  workload,  staffing  and  employee  safety,  are  within  the  scope  of
  collective bargaining.
    c.  It shall be the policy of the city of New York that, to the extent
  not inconsistent with law, the city shall make benefits available to the
  domestic partners of city employees on the same basis as the city  makes
  benefits available to the spouses of city employees.