Keith Mack
The Taylor Law, enacted in 1967, is a New York State statute that applies to public employees, including teachers, nurses, transportation workers, and sanitation workers. It was created to prevent strikes and establish a framework for resolving labor-management disputes. Despite the law, public employees have still gone on strike and faced consequences such as fines and jail time. The law also provides workers with access to collective bargaining and the right to unionize. However, unions are required to discourage strikes among their members. The effectiveness of the Taylor Law in preventing strikes and its impact on labor rights continue to be debated.
| Characteristics | Values |
|---|---|
| Year of enactment | 1967 |
| Named after | George W. Taylor, a professor of industrial research |
| Purpose | To prevent strikes by municipal unions in New York |
| Aims to resolve | Labor-management disputes in state and local government |
| Affects | Teachers, nurses, transportation workers, sanitation workers, and those in other municipal positions |
| No-strike clause | Prohibits New York state public employees from striking |
| Penalty for striking | Fines, jail time, suspension of dues check-off, "two for one" penalty |
| Penalty for employers | Employers are not allowed to negotiate benefits provided by a public retirement fund |
| Exceptions | Police officers and firefighters are granted a different process of impasse resolution called "interest arbitration" |
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What You'll Learn
The Taylor Law's no-strike clause
The Taylor Law, officially known as the Public Employees Fair Employment Act, is a New York State statute enacted in 1967. It was named after George W. Taylor, a professor of industrial research and advisor to five U.S. presidents and New York Governor Nelson Rockefeller on labour relations. The law was established in response to costly transit strikes in 1966 that brought New York City to a standstill.
Despite the no-strike clause, the Taylor Law has been broken numerous times since its implementation. Between 1968 and 1982, there were 299 strikes across New York, with a peak in 1975 coinciding with the city's fiscal crisis. In 2005, the Transit Workers Union (TWU) Local 100 was found in violation of the Taylor Law during a transit strike and was fined $1 million per day.
While the Taylor Law's no-strike clause aims to prevent strikes and promote negotiation, it has faced criticism from unions. They argue that the law does not provide sufficient incentives for government agencies to negotiate contracts in a timely and good-faith manner. Additionally, upstate New York anti-union activists claim that the law limits the government's ability to control spending on unionized labour, with minimal recourse if unions illegally strike.
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The law's impact on unions
The Taylor Law, or the Public Employees Fair Employment Act, is a New York State statute that defines the rights and limitations of unions for public employees in New York. It was enacted in 1967, following costly transit strikes in 1966, and was named after labour researcher George W. Taylor. The law grants public employees the right to organise and elect their union representatives, while also defining the boundaries for public employers in negotiating and entering into agreements with public unions.
One of the most controversial aspects of the law is Section 210, which prohibits New York State public employees from striking. This section has been frequently cited in preventing public employee strikes, with unions arguing that the law is harsh on them and does not incentivise government agencies to negotiate contracts in a timely and good-faith manner. Despite the law, there have been instances of public employees striking since its introduction, including the United Federation of Teachers striking New York City schools in 1968, for which union leaders were jailed for two weeks.
The Taylor Law also establishes the Public Employment Relations Board (PERB), a state agency that administers the law in matters related to public strike negotiation. PERB is composed of three members appointed by the governor, with each member requiring approval from the senate, and only two members allowed to be from the same political party. PERB acts as an independent and neutral agency, responsible for administering the Taylor Law statewide, resolving representation disputes, providing impasse resolution services, and adjudicating improper practice charges, among other duties.
The law also includes the Triborough Amendment, which mandates that in the absence of a contract, the terms of the previous contract remain in effect indefinitely. This amendment protects workers from unilateral changes to contract terms by employers when contracts expire before an agreement is reached. However, it has been argued that this amendment can allow unions to block arbitration indefinitely if the impasse involves a crucial item.
In summary, the Taylor Law has had a significant impact on unions in New York by curtailing their right to strike, establishing a framework for resolving labour-management disputes, and providing a process for union organisation and representation. While the law has been successful in reducing strikes, it has also drawn criticism from unions for its harsh penalties and perceived lack of incentive for timely contract negotiations by government agencies.
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Public employees' salaries and conditions
The Public Employees Fair Employment Act, commonly known as the Taylor Law, was enacted in 1967 in New York State. The law was named after George W. Taylor, a professor of industrial relations, and was prompted by the Transit Workers' Union strike in 1966. The law was designed to prevent strikes by public sector unions and to provide a framework for the resolution of labour-management disputes.
The Taylor Law applies to New York state's public employees, including teachers, nurses, transportation workers, and sanitation workers. It grants public employees the right to organise and elect their union representatives, and it defines the boundaries for public employers in negotiating and entering into agreements with public unions. The law also establishes the Public Employment Relations Board (PERB), which is responsible for administering the law and supervising union elections.
One of the most controversial aspects of the Taylor Law is its no-strike clause, which prohibits public employees from striking. This clause has been frequently challenged and broken by unions, with some arguing that the law does not provide incentives for government agencies to negotiate contracts in a timely and good-faith manner. The law defines "strike" broadly, and penalties for striking include fines and, in some cases, jail time.
Despite the existence of the Taylor Law, public employees have engaged in strikes since its passage. For example, the United Federation of Teachers struck New York City schools in 1968, and the Transit Workers' Union (TWU) has a history of strike action, including a major strike in 2005. These strikes have resulted in fines and, in some cases, jail time for union leaders.
While the Taylor Law restricts the right to strike, it also provides public employees with access to collective bargaining and the ability to unionise. This has resulted in increased representation by unions and the ability to negotiate the terms and conditions of employment.
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The law's penalties for striking
The Public Employees Fair Employment Act, commonly known as the Taylor Law, is a New York State statute that defines the rights and limitations of unions for public employees. The law was enacted in 1967 following costly transit strikes in 1966. It is named after labor researcher George W. Taylor, who advised five presidents and New York Gov. Nelson Rockefeller on labor relations.
The Taylor Law includes a no-strike clause, which states that unions and employees engaging in a strike are subject to penalties. The law defines "strike" in vague and broad terms, and penalties for striking apply to any employee who is "absent from work without permission" or does not perform their duties "in the normal manner" during a strike.
Under the law, unions that go on strike or encourage strikes are subject to millions of dollars in fines and the suspension of their right to automatic dues check-off for a time determined by the Public Employment Relations Board (PERB). Individual union leaders can also be jailed for striking or encouraging a strike. Individual employees who are found to have engaged in an unlawful strike may be fined two days' wages for each day they are on strike, resulting in a total loss of two days' wages for each strike day.
In the wake of the 2005 transit strike, the New York State Supreme Court in Kings County (Brooklyn) declared TWU Local 100 in violation of the Taylor Law and issued a fine of $1,000,000 per day. Two smaller unions representing NYC Transit Authority workers, Amalgamated Transit Union Locals 726 and 1056, were also fined smaller amounts.
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The law's effectiveness
The effectiveness of the Taylor Law has been questioned by various groups since its enactment in 1967. While the law was intended to prevent strikes by public employees in New York, there have been several instances of public employee strikes since its introduction. Despite the repercussions outlined in the law, public employees have engaged in illegal strike action, indicating a continued willingness to challenge the law.
The Taylor Law has also faced criticism from labor unions, who argue that it does not provide sufficient incentives for government agencies to negotiate contracts in good faith. This criticism suggests that the law may not effectively address the underlying causes of labor disputes. As a result, there have been lobbying efforts by municipal unions to modify the law and address these concerns. However, there is also resistance or reluctance to changing the law, indicating a complex political landscape surrounding its implementation and enforcement.
Despite these challenges, the Taylor Law has had a significant impact on public-sector labor relations in New York. Within eight months of its enactment, the law was described as having an "almost revolutionary effect," with a substantial increase in the number of unionized government employees. The law also provided important benefits to public employee unions, such as the right to automatic paycheck deductions of union dues and the ability to certify without a secret-ballot election. These aspects of the law have contributed to the strengthening of political organizations and the collective bargaining power of unions.
In conclusion, while the Taylor Law has faced challenges and criticism regarding its effectiveness in preventing strikes, it has had a significant impact on public-sector labor relations in New York. The law's complexity and potential ambiguity have led to unintended violations, and its impact on strike action has been mixed. However, the Taylor Law has also empowered unions and provided a framework for contract dispute resolution, mediations, and binding arbitration, demonstrating both its strengths and limitations in shaping labor relations in the state.
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Frequently asked questions
The Taylor Law, or the Public Employees Fair Employment Act, is a New York State statute that was enacted in 1967. It was named after labor researcher George W. Taylor and it prohibits strikes by public employees.
The penalties for striking include a fine of two days' pay for each day of a strike, removal of the "dues check-off", and jail time.
Yes, it is possible to strike under the Taylor Law, but it is important to remember that there are significant consequences for both the individual and the union. There are a variety of lawful ways that members may express their displeasure with the terms and conditions of their employment, including picketing or engaging in other protected activities on their free time, such as lunch breaks.
