Taylor Law
Encyclopedia
The Public Employees Fair Employment Act (more commonly known as the Taylor Law) refers to Article 14 of the New York State Civil Service Law, which defines the rights and limitations of unions for public employees in New York
.
The Public Employees Fair Employment Act (the Taylor Law) is a New York State statute named after labor researcher George W. Taylor which authorizes a governor-appointed State Public Employment Relations Board to resolve contract disputes for public employees while curtailing their right to strike. The law provides for mediation and binding arbitration to give voice to unions, while work stoppages are made punishable with fines and jail time. The United Federation of Teachers
and the Uniformed Sanitationmen’s Association challenged the Taylor Law at its 1967 inception. Following a 2005 strike, Transit Workers’ president Roger Toussaint
was incarcerated for three days as per a Taylor Law ruling.
One of the most controversial parts of the Taylor Law is Section 210, which prohibits New York state public employees from striking, compelling binding PERB arbitration in the event of an impasse in negotiations. The fine for striking is an additional day of pay for each day of a strike, totaling two days' loss for each strike day.
With the creation and assistance of the Taylor Law, members of many organizations including the Albany Fire Department were able to unionize, becoming one of the strongest political organizations. The year 1970 saw the birth of Union Local 2007, which was also responsible in paving the way for all other public sector unions in the City of Albany, New York
.
The Taylor Law has been a frequent target for upstate New York
anti-union activists; they claim that it severely limits the ability of governments to limit spending on unionized labor, with minimal recourse in the event the unions illegally strike. One particular clause, the Triborough Amendment, mandates that in the event of a lack of a contract, the terms of the previous contract continue indefinitely, leaving governments (and, by extension, taxpayers) with virtually no leverage to force concessions if an overly generous contract becomes unsustainable. While raw salary increases are generally negotiated on a year by year basis (and are thus frozen at the expiration of a contract), "step increases" (which are based on an individual worker's longevity and are additional raises above and beyond general salary raises) are still required in most state contracts, and must be given even when a contract expires if the previous contract stipulated such. Thus, raises can theoretically continue in perpetuity. As a result of this, numerous activists and government officials have moved to either suspend or repeal the Triborough Amendment. The Conservative Party of New York State, which seeks the abolition of the amendment, argues that the amendment's guarantee of a perpetual contract eliminates any incentive for unions to negotiate in good faith.
The Buffalo Teachers Federation, for instance, illegally struck in September 2000, which delayed the start of the school year; the consequences was a fine of double a day's wage for every work day the teachers were on strike, most of which was implemented during the days leading into the Christmas holiday.
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
.
The Public Employees Fair Employment Act (the Taylor Law) is a New York State statute named after labor researcher George W. Taylor which authorizes a governor-appointed State Public Employment Relations Board to resolve contract disputes for public employees while curtailing their right to strike. The law provides for mediation and binding arbitration to give voice to unions, while work stoppages are made punishable with fines and jail time. The United Federation of Teachers
United Federation of Teachers
The United Federation of Teachers is the labor union that represents most educators in New York City public schools. , there were about 118,000 in-service educators and 17,000 paraprofessionals in the union, as well as about 54,000 retired members...
and the Uniformed Sanitationmen’s Association challenged the Taylor Law at its 1967 inception. Following a 2005 strike, Transit Workers’ president Roger Toussaint
Roger Toussaint
Roger Toussaint was the President of Transport Workers Union Local 100, the union of New York City Transit Authority employees in New York City and is now Vice President of Strategic Planning for the parent union, an international organization.-Early life:Toussaint emigrated to New York from...
was incarcerated for three days as per a Taylor Law ruling.
Details
The Taylor Law grants public employees the right to organize and elect their union representatives. It defines the boundaries for public employers in negotiating and entering into agreements with these public unions. The law also defines the terms for the foundation of the Public Employment Relations Board, a state agency that administers the law in matters related to public strike negotiation. The board consists of three members appointed by the governor. Each member must be approved by the senate, and only two can be of the same political party.One of the most controversial parts of the Taylor Law is Section 210, which prohibits New York state public employees from striking, compelling binding PERB arbitration in the event of an impasse in negotiations. The fine for striking is an additional day of pay for each day of a strike, totaling two days' loss for each strike day.
History
- The law was put into effect in 1967, following costly transit strikes the previous year.
- Since its declaration, the law has been cited in averting several potential transit strikes. The fine was applied during the New York City Transit AuthorityNew York City Transit AuthorityThe New York City Transit Authority is a public authority in the U.S. state of New York that operates public transportation in New York City...
1980 transit strike1980 New York City transit strikeThe 1980 New York City transit strike in New York City was the first work stoppage at the New York City Transit Authority since 1966. 34,000 members of Transport Workers Union Local 100 walked off their jobs on April 1, 1980, in a strike with the goal of increasing the wage for contracted workers...
and was applied again in the 2005 New York City transit strike2005 New York City transit strikeThe 2005 New York City transit strike was a strike in New York City called by the Transport Workers Union Local 100 . Negotiations for a new contract with the Metropolitan Transportation Authority broke down over retirement, pension, and wage increases. The strike began at 3:00 a.m. EST on...
. - During the 2005 transit strike, both the workers and the employers violated portions of the Taylor Law. Section 210 states that the workers are not allowed to strike; Section 201 Part 4 states that employers are not allowed to negotiate benefits provided by a public retirement fund or payment to a fund or insurer to provide an income for retirees.
- As of December 20, 2005, the New York State Supreme Court in Kings County (BrooklynBrooklynBrooklyn is the most populous of New York City's five boroughs, with nearly 2.6 million residents, and the second-largest in area. Since 1896, Brooklyn has had the same boundaries as Kings County, which is now the most populous county in New York State and the second-most densely populated...
), declared the Transport Workers UnionTransport Workers UnionTransport Workers Union may refer to:* The Transport Workers Union of America* The Transport Workers Union of Australia* The Swedish Transport Workers' Union...
Local 100 in violation of the Taylor Law, and issued a fine of $1,000,000 per day, pursuant with the guidelines set forth in the law. - The Taylor Law is named for George W. TaylorGeorge W. Taylor (professor)George W. Taylor was a notable professor of industrial relations at the Wharton School at the University of Pennsylvania, and is credited with founding the academic field of study known as industrial relations. He served in several capacities in the federal government, most notably as a mediator...
, chairman of the commission appointed by Nelson Rockefeller to propose amendments to the Condon-Wadlin Law. Taylor was a professor of industrial research at the University of Pennsylvania's Wharton school for forty years before his death in 1972. He served as an advisor on labor relations issues to Presidents Roosevelt, Truman, Eisenhower, Kennedy and Johnson. Taylor was a strong supporter of the strike in private sector bargaining.
Criticism and reform
While government officials support the Taylor Law as a way of preventing strikes by municipal unions in New York, the unions contend that the law is harsh on them. The labor unions also contend that the Taylor Law does not provide government agencies the incentive to negotiate contracts on a timely basis and negotiate the terms of the contract in good faith. There have been lobbying efforts by municipal unions to the New York state legislature to change the Taylor Law. There is some resistance or reluctance on reforming the law.With the creation and assistance of the Taylor Law, members of many organizations including the Albany Fire Department were able to unionize, becoming one of the strongest political organizations. The year 1970 saw the birth of Union Local 2007, which was also responsible in paving the way for all other public sector unions in the City of Albany, New York
Albany, New York
Albany is the capital city of the U.S. state of New York, the seat of Albany County, and the central city of New York's Capital District. Roughly north of New York City, Albany sits on the west bank of the Hudson River, about south of its confluence with the Mohawk River...
.
The Taylor Law has been a frequent target for upstate New York
Upstate New York
Upstate New York is the region of the U.S. state of New York that is located north of the core of the New York metropolitan area.-Definition:There is no clear or official boundary between Upstate New York and Downstate New York...
anti-union activists; they claim that it severely limits the ability of governments to limit spending on unionized labor, with minimal recourse in the event the unions illegally strike. One particular clause, the Triborough Amendment, mandates that in the event of a lack of a contract, the terms of the previous contract continue indefinitely, leaving governments (and, by extension, taxpayers) with virtually no leverage to force concessions if an overly generous contract becomes unsustainable. While raw salary increases are generally negotiated on a year by year basis (and are thus frozen at the expiration of a contract), "step increases" (which are based on an individual worker's longevity and are additional raises above and beyond general salary raises) are still required in most state contracts, and must be given even when a contract expires if the previous contract stipulated such. Thus, raises can theoretically continue in perpetuity. As a result of this, numerous activists and government officials have moved to either suspend or repeal the Triborough Amendment. The Conservative Party of New York State, which seeks the abolition of the amendment, argues that the amendment's guarantee of a perpetual contract eliminates any incentive for unions to negotiate in good faith.
The Buffalo Teachers Federation, for instance, illegally struck in September 2000, which delayed the start of the school year; the consequences was a fine of double a day's wage for every work day the teachers were on strike, most of which was implemented during the days leading into the Christmas holiday.
External links
- What is the Taylor Law from the New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
state website - Full Text of the Taylor Law from the New York State Public Employment Relations Board website
- PERB Homepage link to the PERB web site