Will I Be Disciplined for Going on Strike as a Civil Service Employee?

 Posted on August 13, 2020 in Civil Service Employment and Job Defense

The New York Civil Service offers its employees plenty of benefits. However, that does not mean that the Civil Service code is without its restrictions. New York Civil Service law penalizes employees for striking. If you are subject to penalties or disciplinary proceedings as a civil service employee in New York, it is imperative that you seek the advice of an experienced civil service job defense attorney in your area.

The Taylor Law

New York Civil Service Law dictates the treatment of strikes as follows: “Strikes by public employees against the State or any public authority or local governmental jurisdiction, including a school district, are prohibited by Article 14 of the Civil Service Law, also known as the Taylor Law.”

This does not mean that public employees are barred from seeking change from their employers. In fact, the opposite is true. The Taylor Law gives public employees the right to organize and requires public employers to reach agreements regarding their employee’s terms of employment. To help enforce these rules, the Taylor Law created a state agency, the Public Employment Relations Board (PERB), whose sole responsibility is to uphold the Taylor law. However, this law prohibits striking to encourage organized negotiating between employee organizations and public employers. 

To develop a deeper understanding of what you can and cannot do as a civil service employee, it is vital to understand the Civil Service Law’s definition of a strike. New York State proclaims that “an employee who fails to report for duty, is willfully absent from his/her position, stops work, or abstains in whole or in part from the full, faithful and proper performance of employment duties, has engaged in a strike.” This both implies that absenteeism without motivation can be considered a strike, and also suggests that there can be one-person strikes, not just large-scale, organized efforts between employees. The New York Civil Service Law punishes striking by withholding two day’s worth of a public employee’s pay for each day spent striking. 

Contact a New York City Civil Service Job Defense Lawyer

Despite the many protections that the New York Civil Service Law provides for public employees, you should speak with a New York employment defense attorney to build your defense during any disciplinary proceedings you face. At The Law Firm of Gregory J. Watford, Esp., PLLC, attorney Gregory Watford uses his 20-plus years of experience to help clients through all types of civil service employment disputes. Schedule your first session by calling us today at 646-580-6675.

Source:

https://www.cs.ny.gov/pio/publications/summofcsl.pdf