§ 32-1. Definitions.  


Latest version.
  • For the purpose of this chapter, the terms used herein are defined as follows:
    AGENCY SHOP FEE DEDUCTION
    The obligation or practice of the Town of Hempstead to deduct from the salary of a town employee who is not a member of the certified or recognized employee organization which represents such employee for the purpose of collective negotiations conducted pursuant to this chapter, an amount equivalent to the amount of dues payable by a member. Such term also means the obligation or practice of the Town of Hempstead to transmit the sums so deducted to an employee organization.
    AGREEMENT
    The result of the exchange of mutual promises between the Presiding Supervisor of the Town of Hempstead and an employee organization which becomes a binding contract for the period set forth therein, except as to any provisions therein which require approval by a legislative body, and as to those provisions, shall become binding when the appropriate legislative body has given its approval.
    [Added 2-17-1970 by L.L. No. 9-1970, effective 2-19-1970]
    BOARD
    The Town Public Employment Relations Board created by this chapter.
    BUDGET SUBMISSION DATE
    [Repealed 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
    EMPLOYEE ORGANIZATION
    An organization of any kind having as its primary purpose the improvement of terms and conditions of employment of town employees, except that such term shall not include an organization:
    A. 
    Membership in which is prohibited by any general law.
    B. 
    Which discriminates with regard to the terms or conditions of membership because of race, color, creed or national origin.
    C. 
    Which, in the case of town employees who hold positions by appointment or employment in the service of the Board and who are excluded from the application of this chapter by rules and regulations of the Board, admits to membership or is affiliated directly or indirectly with an organization which admits to membership persons not in the service of the Board, for the purpose of any provision of this chapter.
    MEMBERSHIP DUES DEDUCTION
    The obligation or practice of the town to deduct from the salary of a town employee with his consent an amount for the payment of his membership dues in an employee organization. Such term also means the obligation or practice of the town to transmit the sums so deducted to an employee organization.
    TERMS AND CONDITIONS OF EMPLOYMENT
    Salaries, wages, hours, agency shop fee deduction and other terms and conditions of employment; provided, however, that such term shall not include any benefits provided by or to be provided by a public retirement system or payments to a fund or insurer to provide an income for retirees or payment to retirees or their beneficiaries. No such retirement benefits shall be negotiated pursuant to this chapter, and any benefits so negotiated shall be void.
    [Amended 11-13-1973 by L.L. No. 100-1973, effective 11-19-1973; 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978]
    TOWN EMPLOYEE
    Any person holding a position by appointment or employment in the service of the town, except that such term shall not include for the purposes of any provisions of this chapter, other than §§ 32-10 and 32-11, persons holding positions by appointment and persons who may reasonably be designated from time to time as managerial or confidential, upon application of the town to the Town Public Employment Relations Board in accordance with procedures established pursuant to § 32-6 of this chapter or § 212 of the Civil Service Law of the State of New York.
    [Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971]
    STRIKE
    Any strike or other concerted stoppage of work or slowdown by town employees.
Added 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978