Although civil service employees in New York City generally have protections that private-sector employees do not, there are still some laws that dictate how and when they can take action. If we were to simply answer the question of whether or not civil servants are allowed to strike in New York, the answer would be no, but that is not the full story. To understand how public employees can organize and enact change, you must understand the Taylor Law. If you find yourself in any dispute while holding a civil service job, it is imperative to seek trustworthy legal assistance from an experienced NYC civil service and job defense attorney. With professional help, you will be able to better navigate the intricacies of New York civil service law.
The Taylor Law
The Taylor Law, which took effect in 1967, covers almost all public employees who work for the state, cities, counties, towns, villages, school districts, public authorities, and some special service districts. Although it prevents public employees from striking, the law does the following:
- Gives public employees the right to organize and be represented by employee organizations that they choose
- Requires public employers to compromise and make agreements with employee organizations
- Provides impasse procedures to guide the resolution of collective bargaining arguments
- Indicates improper practices for both public employers and employee organizations
- Created the Public Employment Relations Board to enforce the Taylor Law
If there is a dispute between a public employee organization and a public employer, there are four impasse resolution systems put in place by the Taylor Law to guide both parties to a solution that eliminates the need for strikes. Public employees who cannot reach an agreement regarding the terms and conditions of their employment with their employer can use the following impasse procedures:
- Mediation: A mediator will be assigned by the Public Employment Relations Board (PERB) to liaise between both parties to help settle for a compromise.
- Fact-Finding: If no compromise is made, PERB can hold a hearing and call for a testimony to reach a decision. However, this conclusion is just a written recommendation made by PERB.
- Arbitration: A panel is formed and will decide a fair course of action after several hearings.
- Legislative Hearing: The dispute will be taken to the government in some key instances in which arbitration is not allowed or if either of the parties does not accept the results of the initial fact-finding report.
Contact a Manhattan Civil Service Employment Attorney
Overall, New York civil service laws exist to help provide job security and specific bargaining routes for public employees. To get through a labor dispute properly and reach a satisfactory conclusion, work with an experienced NYC civil service and job defense lawyer. Attorney Joey Jackson has spent over 20 years defending clients in the public sector. Schedule your first meeting by calling us today at 1-833-JOEYJACKSON or 833-563-9522.
Sources:
https://www.nysenate.gov/legislation/laws/CVS/210#:~:text=1.,encourage%2C%20or%20condone%20a%20strike.&text=(c)%20Prohibition%20against%20consent%20to%20strike.
https://goer.ny.gov/new-york-state-public-employees-fair-employment-act-taylor-law