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A03766 Summary:

BILL NOA03766
 
SAME ASSAME AS S02395
 
SPONSORPheffer Amato
 
COSPNSRSantabarbara, Dickens, McDonald, Eachus
 
MLTSPNSR
 
Add §137, Civ Serv L
 
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.
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A03766 Actions:

BILL NOA03766
 
02/07/2023referred to governmental employees
01/03/2024referred to governmental employees
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A03766 Memo:

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.
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A03766 Text:



 
                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
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