§ 32-8. Rights accompanying certification or recognition.  


Latest version.
  • A. 
    The town of Hempstead shall extend to an employee organization certified or recognized, pursuant to this chapter, the following rights:
    (1) 
    To represent the employees in negotiations notwithstanding the existence of an agreement with an employee organization that is no longer certified or recognized, and in settlement of grievances.
    (2) 
    To membership dues deduction, upon presentation of dues deduction authorization cards signed by individual employees.
    B. 
    An employee organization certified or recognized pursuant to this chapter shall be entitled to unchallenged representation status until seven months prior to the expiration of a written agreement between the Town of Hempstead and said employee organization determining terms and conditions of employment. For the purposes of this subsection:
    (1) 
    Any such agreement for a term covering other than the fiscal year of the Town of Hempstead shall be deemed to expire with the fiscal year ending immediately prior to the expiration date of such agreement.
    (2) 
    Any such agreement having a term in excess of three years shall be treated as an agreement for a term of three years.
    (3) 
    Extensions of any such agreement shall not extend the period of unchallenged representation status.
    C. 
    Notwithstanding the provisions and restrictions of §§ 32-2 and 32-9 of this chapter, and § 90-b of the General Municipal Law, every employee organization that has been recognized or certified as the exclusive representative of employees within a negotiating unit shall be entitled to negotiate, as part of any agreement entered into pursuant to this chapter, to have deducted from the wage or salary of employees of such negotiating unit who are not members of said employee organization the amount equivalent to the dues levied by such employee organization, and the fiscal or disbursing officer of the Town of Hempstead shall make such deductions and transmit the sum so deducted to such employee organization; provided, however, that the foregoing provisions of this section shall only be applicable in the case of an employee organization which has established and maintained a procedure providing for the refund to any employee demanding the return of any part of an agency shop fee deduction which represents the employee's pro rata share of expenditures by the organization in aid of activities or causes of a political or ideological nature only incidentally related to terms and conditions of employment.
    [Added 4-18-1978 by L.L. No. 38-1978, effective 4-24-1978]
Amended 12-21-1971 by L.L. No. 104-1971, effective 12-27-1971