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What
is the Taylor Law?
The Taylor Law (Civil
Service Law Article 14) is a comprehensive labor relations
statute covering all public employees in New York State.
It became effective in 1967 and does the following:
-
grants
public employees the right to organize and be represented by
a union of their choice or to refrain from joining;
-
requires
public employers to negotiate with such unions concerning
terms and conditions of employment of employees;
-
established impasse procedures for the resolution of
disputes in negotiations
-
defines
and prohibits improper practices by unions and public
employers
-
prohibits
strikes
What
is PERB?
PERB (Public
Employment Relations Board) is the agency established by the
Taylor Law to administer that law.
What
is the Triborough Act?
The
Triborough Amendment to Civil Service Law 209-a (1)(e) requires
employers to continue all the terms of an expired agreement
until a new agreement is negotiated. Before the enactment
of the law, public employers were free to unilaterally diminish
benefits as contracts expired. Employees' organizations
can violate Section 210(1) of the Taylor Law by striking or
instigating, encouraging or condoning a strike.
What
exactly does the term "tenure" mean?
Tenure is an
employment status a teacher or teaching assistant may earn by
successfully completing a period of probationary employment and
then, upon a superintendent's recommendation, being granted this
status by a school board. A teacher or teaching assistant who
has received tenure has earned the right to keep his or her job,
in other words, to be free from discipline or dismissal, except
for just cause to be proven by school officials in a due process
hearing under Section 3020-a of the Education Law. (School Law
25th Edition) Tenure does not guarantee a job for life. Recently
it has been the focal point of anti-tax groups' ire; however, it
can only be modified by an act of the state Legislature. The law
was successfully reviewed in 1994, resulting in a streamlining
of the renewal process.
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