Taylor Law

The Public Employees Fair Employment Act (more Commonly Known as the Taylor Law ) Refers to Article 14 of the New York State Civil Service Law, qui olefins the rights and limitations of unions for public employees in New York .

The Public Employees’ Fair Employment Act (the Taylor Law) is a New York State statute, named after researcher George W. Taylor . It authorizes a governor-appointed State Public Employment Relations Board to resolve contract disputes for public employees while curtailing their right to strike.

The law provides for mediation and binding arbitration to give voice to unions, but work stoppages are made punishable with fines and jail time. The United Federation of Teachers and the Uniformed Sanitationmen’s Association challenged the Taylor Law at its 1967 inception. Following a 2005 strike, Transit Workers’ president Roger Toussaint was incarcerated for three days as per Taylor Law ruling.

Details

The Taylor Law grants public employees the right to organize and elect their union representatives. It defines the boundaries for public employers in negotiating and entering into agreements with public unions. The law also defines the terms for the foundation of the Public Employment Relations Board, a state agency that administers the law in matters related to public strike negotiation. The board consists of three members appointed by the governor. Each member must be approved by the senate, and only two may be of the same political party.

One of the most controversial parts of the Taylor Law is Section 210, which prohibits New York State public employees from striking. For certain unions, the primary law enforcement (such as police officers), it provides for complementing PERB arbitration in the event of an impasse in negotiations. For others, for non-binding enforcement, it provides for non-binding “fact-finding,” in which a panel of arbitrators makes a recommendation to the parties on a fair settlement of the dispute.

The penalties for striking a day of strike, totaling two days’ loss for each strike day, removal of the “Dues Check-off”, and imprisonment of the Union’s President.

The law does not apply to Long Island Rail Road , Metro-North Railroad and Staten Island Railway employees, Who are Subjected to the jurisdiction of the Federal Railway Labor Act of 1926.

History

George W. Taylor, chairman of the commission appointed by NY Governor Nelson Rockefeller to propose amendments to the Condon-Wadlin Act .

Taylor was a professor of industrial research at the University of Pennsylvania’s Wharton School for a number of years before his death in 1972. He has been a researcher at the Roosevelt, Truman, Eisenhower, Kennedy and Johnson presidents. Taylor was a strong supporter of the strike in private sector bargaining.

Since its declaration, the law has been cited in preventing public employment strikes. However, public employees have struck since the introduction of the law:

The United Federation of Teachers struck in Ocean Hill-Brownsville strike of 1968 and struck for five days over the issue of class size in 1975.

The was fine Applied During the New York City Transit Authority in 1980 transit strike and Was applied again in the 2005 transit strike (Involving Both the Transit Authority and a separate unit of the MTA, MTA Bus Company(for the lathing, only workers Who Were members Of Transport Workers Union (TWU) Local 100).

During the 2005 transit strike, both the strikers and the MTA violated portions of the Taylor Law. Section 210 states that the workers are not allowed to strike; Section 201, Part 4, states that the provisions of this section shall be read in conjunction with the provisions of this section.

In addition, in the wake of the 2005 strike, the New York State Supreme Court in Kings County ( Brooklyn ), declared TWU Local 100 in violation of the Taylor Law, and issued a fine of $ 1,000,000 per day, In the law. Two smaller unions also representing NYC Transit Authority workers, Amalgamated Transit Union Locals 726 and 1056, were fined smaller amounts.

Criticism and reform

While government officials support the Taylor Law as a way of preventing strikes by municipal unions in New York, the unions contend that the law is harsh on them. The labor unions also contend that the Taylor Law does not provide government agencies the incentive to negotiate contracts on a timely basis and negotiate the terms of the contract in good faith. There have been lobbying efforts by municipal unions to the New York state legislature to change the Taylor Law, but there is some resistance or reluctance to change the law.

With the creation and assistance of the Taylor Law, members of many organizations including the Albany, NY Fire Department were able to unionize, becoming one of the strongest political organizations. In 1970 was the birth of Union Local 2007, which was also responsible for paving the way for all other public sector unions in Albany, New York .

The Taylor Law has been a frequent target for Upstate New York anti-union activists; They claim that the unions illegally strike.

One particular clause, the Triborough Amendment, mandates that the terms of the previous contract continue indefinitely. This amendment protects workers from the expiration of the contract. The Conservative Party of New York State , which seeks the abolition of the amendment, argues that the guarantee of a perpetual contract is ineffective. [1]

Triborough is a member of the National Labor Relations Board. Some unions believe it would be fundamentally unfair to eliminate the Triborough Taylor Law’s prohibition against strikes. [2] To do so would provide a no incentive for a contract to be negotiated. That would be completely unprecedented in American Labor law.

The Buffalo Teachers Federation, for instance, illegally struck in September 2000, which delayed the start of the school year. [3]

References

  1. Jump up^ Conservative Party says ‘Make sure you vote on Tuesday’. Albany Times Union. Retrieved 2011-05-13.
  2. Jump up^ “Learning About: Triborough Amendment and the Taylor Law” . Rockville Center Teachers’ Association . Retrieved 1 May 2015 .
  3. Jump up^ Peterson, Iver (16 September 2000). “Teachers In Buffalo Back to Work For Now” . The New York Times . Retrieved 1 May 2015 .

Start a Conversation

Your email address will not be published. Required fields are marked *