Effect given to the recommendations of the committee and the Governing Body - Report No 373, October 2014

Case No 2741 (United States of America) - Complaint date: 10-NOV-09 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 21. The Committee last examined this case concerning restrictions on the right to strike in the New York State Taylor Law in November 2011 [see 362nd Report, paras 740–775]. On that occasion, the Committee requested the Government to take steps aimed at bringing the state legislation into conformity with freedom of association principles so that only: (1) public servants exercising authority in the name of the state; and (2) workers of essential services in the strict sense of the term may be restricted in their right to strike. In addition, the Committee urged the Government to take measures without delay to ensure that the union was fully compensated in respect of the sanctions imposed and the withdrawal of check-off and to take steps for the compensation of Mr Toussaint for his ten-day detention and the additional sanctions imposed against the striking workers. Finally, the Committee expected that the Government would take all necessary measures to effectively enforce the decision of the Supreme Court with regard to the Public Employment Relations Board (PERB) arbitration award.
2. 22. In its communication of 11 October 2012, the Government indicates that it has been in contact with the New York State Office of the Attorney-General and the New York City Law Department to explore potential avenues for response to the Committee’s decision. The Government adds that, following the New York City Transit Authority appeal of the PERB arbitration award, the New York Court of Appeals, the highest court in New York, upheld the PERB decision on 7 June 2012.
3. 23. In a communication dated 28 August 2014, the Government informs the Committee that the New York State Legislature is considering multiple bills related to freedom of association in the public sector. The Government draws particular attention to Assembly Bill A3922 which would amend the Taylor Law’s sanctions for public sector striking to allow a court to consider, when determining the appropriate penalty, whether the union and employer had been at a collective bargaining impasse for over a year. Under the proposed legislation, such an impasse would be deemed an “act of extreme provocation”, relevant to determining how to respond to an unlawful public sector strike. In addition, Senate Bill S7773 would provide for: (1) a 30-day limit on some currently unlimited punishments for contempt citations involving employee organization acts (including strikes) in response to “extreme provocation”; and (2) assessing, in the light most favorable to the employee organization, the facts related to whether or not the violative acts, mentioned above, were a response to “extreme provocation”. With regard to the collective bargaining rights of transit workers in New York, the Metropolitan Transit Authority (MTA) continues to negotiate with the Transport Workers Union, Local 100 (TWU). On 17 July 2014, TWU and the MTA reached agreement on a new collective bargaining agreement (CBA) covering workers who staff the Long Island Railroad (a separate portion of the MTA system from the buses and subway trains affected in the 2005 strike). The agreement came four years after the prior CBA expired and many believe it prevented a TWU strike on the railroad. The CBA is being considered for ratification by the covered TWU members.
4. 24. The Committee takes due note of the information provided by the Government and in particular the final upholding of the PERB award and the steps being taken in the New York State legislature to limit the sanctions that may be taken with respect to strikes in the public sector when they arise in situations of extreme provocation. The Committee trusts that the Government will continue to take steps aimed at bringing the state legislation into full conformity with the principles set out in its previous conclusions and will keep it informed of developments in this regard. The Committee also requests the Government to inform it of any steps taken to compensate the union and Mr Toussaint for the sanctions that had been imposed.