Provides that state employees designated managerial or confidential shall receive an increase in salary comparable to the percentage of the general salary increases provided to employees in the state's professional, scientific, and technical services bargaining unit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3766
SPONSOR: Pheffer Amato
 
TITLE OF BILL:
An act to amend the civil service law, in relation to providing salary
and other benefits to state employees designated managerial or confi-
dential
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill provides that any state employee who is designated managerial
or confidential receive similar salary increases as union-represented
employees.
 
SUMMARY OF PROVISIONS:
This bill amends the Civil Service Law by adding a new section 138 to
provide state employees designated managerial or confidential with sala-
ry increases comparable to employees in the State's professional, scien-
tific, and technical services bargaining unit.
 
JUSTIFICATION:
State employees designated Managerial or Confidential under the Taylor
Law are unable to join unions for the purposes of collective bargaining.
"M/C" employees are therefore unrepresented by unions. As a result, M/C
employees have long been treated less generously in terms of salary and
benefits as compared to their union-represented coworkers even though
they often share the very same titles. In 2009 and 2010, union-repre-
sented employees received 3% and 4% general salary increases, respec-
tively, while M/C employees had those general salary increases denied.
This was compounded by three consecutive years of zero increases. While
the base salary of M/C employees was increased incrementally beginning
in 2014, there was no repayment of forfeited past earnings. This caused
the permanent loss of earnings, the permanent loss of retirement pension
credit from forfeited earnings, the permanent loss of wages for Social
Security contributions, and, upon retirement, a reduction in the value
of sick leave used to fund health insurance premiums. These losses were
never recouped by M/C employees. Beyond the financial damage and
destruction of morale, other tangible impacts included the loss of
disaffected M/C employees who transferred to union- represented posi-
tions or retired out of frustration. Hiring for M/C positions became
difficult as M/C compensation became so uncompetitive that there was no
financial incentive to take on greater responsibility in M/C positions
that offered little or no salary increase. M/C employees were singled
out again in 2020; while both M/C and union-represented employees had
their general salary increases withheld due to the State's budgetary
shortfall, only union-represented employees continued.to receive longev-
ity payments and performance advances. M/C employees alone were denied
these very same increases.
The proposed legislation would require that M/C employees be treated
consistently with their union-represented coworkers in matters of
compensation; no better, but no worse.. It provides for the equitable
treatment of M/C employees in matters of compensation by addressing the
three critical areas. First, by providing M/C employees with the same
general salary increases provided to the State's largest bargaining
unit, the Professional, Scientific, and Technical Services Unit. Second,
by establishing and matching longevity payments made to those of compa-
rable bargaining units: the Administrative Services Unit for clerical
and administrative M/C employees and the Professional, Scientific, and
Technical Services Unit for M/C employees in the professional ranks (it
should be noted that only M/C employees below Salary Grade 18 now
receive longevity payments while their counterparts in the unionized
workforce receive longevity payments at ALL Salary Grades). Third, by
guaranteeing that the payment of performance advances to M/C employees,
like those paid to the unionized workforce, is not withheld except due
to documented unsatisfactory work performance.
State legislators must recognize the valuable contributions of M/C
employees and guarantee that they will be treated no differently than
their union-represented coworkers. New York State's budget deficit
cannot be balanced on the backs of 10,000 working men and women in the
State's M/C workforce through unequal treatment in terms of salary and
benefits.
 
LEGISLATIVE HISTORY:
2021/2022: A.6532A (Abbate) / S.5727A (Gounardes) - referred to Govern-
mental Employees
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DAZE:
This act shall take effect July 1, 2023.
STATE OF NEW YORK
________________________________________________________________________
3766
2023-2024 Regular Sessions
IN ASSEMBLY
February 7, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to providing salary
and other benefits to state employees designated managerial or confi-
dential
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The civil service law is amended by adding a new section
2 137 to read as follows:
3 § 137. Comparable salary and other benefits. Notwithstanding any
4 other provision of law to the contrary, state employees designated mana-
5 gerial or confidential under article fourteen of this chapter shall
6 receive an increase in salary comparable to, but not to exceed, the
7 percentage of the general salary increases provided to employees in the
8 state's professional, scientific, and technical services bargaining
9 unit. Managerial and confidential employees at or below salary grade
10 seventeen shall receive longevity lump sum payments in the same amount
11 and manner as those provided to employees in the state's administrative
12 services bargaining unit. Managerial and confidential employees at or
13 above salary grade eighteen shall receive longevity lump sum payments in
14 the same amount and manner as employees in the state's professional,
15 scientific, and technical services bargaining unit. Performance advance-
16 ment adjustments due any managerial and confidential employee shall not
17 be withheld unless an employee has received a formal written performance
18 evaluation rating of unsatisfactory or its equivalent.
19 § 2. This act shall take effect July 1, 2023.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06698-01-3