What is the legal framework for public sector employment and labor relations?
The legal framework for public sector employment and labor relations in New York is based on the Taylor Law. This state law, passed in 1967, regulates labor relations between public employers and their employees, including state and local government, municipal authorities, school districts, fire districts, and other public employers. The Taylor Law grants the right of public employees to organize and bargain collectively and establishes an independent governmental entity, the New York State Public Employment Relations Board (PERB), to mediate disputes. Under the Taylor Law, labor relations are considered a shared responsibility between the public employer and the employees’ representatives. Public employers must negotiate with the employee’s representatives in good faith, and employees’ representatives must abide by the principles of collective responsibility with the public employer. The Taylor Law also provides for the resolution of disputes between the employer and the employee throughMediation, Fact-Finding, Interest Arbitration, and grievance procedures. In mediations, a neutral third-party mediator tries to help the parties come to an agreement. Fact-finding is an investigation of the facts and the issues presented. Interest arbitration, meanwhile, is a process in which a neutral third-party arbitrator makes a final and binding decision based on the evidence that both parties present. Grievances are usually resolved through hearings before an arbitrator. The Taylor Law also covers the rights of public employees, including the right to receive fair compensation, protection from unjustified or arbitrary discipline, and protection from discrimination on the basis of race, religion, or other characteristics. The Taylor Law also prohibits public employers from interfering with public employee’s rights.
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