SUNY University-Wide Human Resources Manual
Collective Negotiations

last updated: Thursday, July 8, 2004

New York State Employees, except those policy makers and persons representing the State in collective negotiations or directly involved in the administration of collective negotiated agreements and employees assigned to work for such employees in a confidential manner (managerial/confidential employees) and who have regular access and exposure to information related to personnel matters and contract negotiations and administration, have the right to organize and to be represented by employee organizations of their own choice. These rights and the rules for the determination of managerial/confidential employees for exclusion, are spelled out in the New York State Public Employees Fair Employment Act - "The Taylor Law" that was passed in 1967 with significant amendments in 1969.

Under the Taylor Law, a Public Employees' Relations Board (PERB) was created to administer the law. One of its roles is to make determinations in issues related to the definition of negotiating units. Such determinations are based upon petitions for certification filed "by one or more public employees or any employee organization acting in their behalf, or by a public employer, provided that individual employees may not file a petition for certification [PERB}. The link to the Public Employees' Relations Board at the end of this section will take you to more information about the requirements for filing such petitions.

As a result of the Taylor Law, eligible SUNY employees, recently to even include Graduate/Teaching Assistants, have chosen to be represented in collective negotiations. Employees are placed in negotiating units based upon the budget title to which they are appointed. These negotiating units exist because of a "showing of interest" by employees at different levels of organization in the State having similar duties and responsibilities. As a result:

• Some of SUNY's employees are in negotiating units whose total memberships are made up of only SUNY employees -- State University Professional Services Negotiating Unit [SUNY academic and professional employees] and State University Graduate Student Negotiating Unit (SUNY Graduate/Teaching Assistants] and
  
  
• The rest of SUNY's represented employees are in statewide negotiating units that include employees from other State agencies.

Collective negotiations and the administration of collective negotiating agreements for state employees are responsibilities of the New York State Governor's Office of Employee Relations (GOER). Of course, the Governor's Office of Employee Relations consults with representatives from State agencies and includes some of them on their negotiating teams to bring agency level expertise to the negotiating table. But, it takes no imagination to recognize that SUNY administrators, and employees on the other side, have much greater influence in collective negotiations for the negotiating units that are unique to SUNY, and less influence in the outcome of collective negotiations for the others. Consequently, SUNY employees and those responsible for administering collective negotiated agreements for SUNY often encounter agreement provisions in the State-wide agreements that do not seem to apply to SUNY and there are few, if any, provisions in the State-wide agreements that address any unique concerns of SUNY employees.

The SUNY System Office of Employee Relations provides the link from campuses to GOER and performs many roles in collective negotiations and the administration of collective negotiated agreements. Staff of this office may serve as members of GOER's negotiating teams during collective negotiations. They also provide guidance to campus administrators responsible for administering agreements. This office should be the first point of contact for advice and assistance for campus administrators delegated responsibility for matters relating to collective negotiations. More information about this office's responsibilities and resources can be found via the link to "SUNY System Office of Employee Relations" in the references at the end of this section.

The "good news" is that New York State attempts to provide good compensation and benefits and a safe environment for all of its workers whether represented or not. The combination of the civil service law, SUNY's policies of the board of trustees, and the collectively negotiated agreements provide an awesome array of rules and regulations for both employees and administrators/supervisors to follow, but, in combination, they ensure implementation of the policy of New York State as included in the Taylor Law (Article 14, section 200 of the Civil Service Law):

The legislature of the state of New York declares that it is the public policy of the state and the purpose of this act to promote harmonious and cooperative relationships between government and its employees and to protect the public by assuring, at all times, the orderly and uninterrupted operations and functions of government. These policies are best effectuated by (a) granting to public employees the right of organization and representation, (b) requiring the state, local governments and other political subdivisions to negotiate with, and enter into written agreements with employee organizations representing public employees which have been certified or recognized, (c) encouraging such public employers and such employee organizations to agree upon procedures for resolving disputes, (d) creating a public employment relations board to assist in resolving disputes between public employees and public employers, and (e) continuing the prohibition against strikes by public employees and providing remedies for violations of such prohibition.

As a footnote, it is equally important that State managers/administrators/ supervisors and State employees accept responsibility for "staying in-bounds" of their own laws, rules, and regulations whether defined inside or outside of the collective negotiating arena. Collectively negotiated agreements and State/SUNY/Campus and Federal laws, rules and regulations provide a roadmap to success and opportunities to alter direction when needed, but keeping in mind the concept of "public servant" ensures success.

References:

Agency Fee

Current Agreements with negotiating units
http://www.goer.state.ny.us/cna/bucenter/index.html

History of Collective Negotiations in New York State and the Taylor Law
( prepared by John Cummings, Director of Human Resources Emeritus, SUNY Binghamton)

M/C Designation Guidelines (SUNY Office of Employee Relations)

New York State Public Employees Fair Employment Act - The Taylor Law (NYS Civil Service Law, Article 14)
http://www.perb.state.ny.us/stat.asp

Negotiating Units for SUNY positions

Taylor Law (GOER Summary) - New York State Public Employees Fair Employment Act
http://www.goer.state.ny.us/cna/bucenter/taylor.html

NYS Governor's Office of Employee Relations (GOER)
http://www.goer.state.ny.us/

NYS Public Employee Relations Board (PERB)
http://www.perb.state.ny.us/

NYS Public Employee Relations Board (PERB) Decisions Significant to SUNY

Public Employees Fair Labor Act (Article 14, NYS Civil Service Law)
http://assembly.state.ny.us/leg/?cl=18&a=33

SUNY System Office of Employee Relations
http://www.suny.edu/er/