N.Y. Civ. Serv. Law § 208

§ 208. Rights accompanying certification or recognition. 1. A public\nemployer shall extend to an employee organization certified or\nrecognized pursuant to this article the following rights:\n (a) to represent the employees in negotiations notwithstanding the\nexistence of an agreement with an employee organization that is no\nlonger certified or recognized, and in the settlement of grievances; and\n (b) to membership dues deduction, upon presentation of dues deduction\nauthorization cards signed by individual employees.\n * 2. An employee organization certified or recognized pursuant to this\narticle shall be entitled to unchallenged representation status until\nseven months prior to the expiration of a written agreement between the\npublic employer and said employee organization determining terms and\nconditions of employment. For the purposes of this subdivision, (a) any\nsuch agreement for a term covering other than the fiscal year of the\npublic employer shall be deemed to expire with the fiscal year ending\nimmediately prior to the termination date of such agreement, (b) any\nsuch agreement having a term in excess of three years shall be treated\nas an agreement for a term of three years, provided, however, any such\nagreement between the state and an employee organization representing\nemployees in the executive or judicial branches which commences in the\ncalendar year two thousand eleven having a term in excess of three years\nshall be treated as an agreement for a term certain specified in such\nagreement but in no event for a term greater than four years, and (c)\nextensions of any such agreement shall not extend the period of\nunchallenged representation status.\n * NB Effective until ratification of the collective bargaining\nagreement entered into pursuant to article 14 of the civil service law\n * 2. An employee organization certified or recognized pursuant to this\narticle shall be entitled to unchallenged representation status until\nseven months prior to the expiration of a written agreement between the\npublic employer and said employee organization determining terms and\nconditions of employment. For the purposes of this subdivision, (a) any\nsuch agreement for a term covering other than the fiscal year of the\npublic employer shall be deemed to expire with the fiscal year ending\nimmediately prior to the termination date of such agreement, (b) any\nsuch agreement having a term in excess of three years shall be treated\nas an agreement for a term of three years, provided, however, any such\nagreement between the state and an employee organization representing\nemployees in the executive or judicial branches which commences in the\ncalendar year two thousand sixteen having a term in excess of three\nyears shall be treated as an agreement for a term certain specified in\nsuch agreement but in no event for a term greater than four years, and\n(c) extensions of any such agreement shall not extend the period of\nunchallenged representation status.\n * NB Effective upon ratification of the collective bargaining\nagreement entered into pursuant to article 14 of the civil service law\n 3. (a) Notwithstanding provisions of and restrictions of sections two\nhundred two and two hundred nine-a of this article, and section two\nhundred one of the state finance law, every employee organization that\nhas been recognized or certified as the exclusive representative of\nemployees of the state within a negotiating unit of classified civil\nservice employees, employees within a negotiating unit of civilian state\nemployees of the division of military and naval affairs or employees in\na collective negotiating unit established pursuant to this article for\nthe professional services in the state university, for the members of\nthe state police or for the members of the capitol buildings police\nforce of the office of general services shall be entitled to have\ndeducted from the wage or salary of the employees in such negotiating\nunit who are not members of said employee organization the amount\nequivalent to the dues levied by such employee organization, and the\nstate comptroller shall make such deductions and transmit the sum so\ndeducted to such employee organization. Provided, however, that the\nforegoing provisions of this subdivision shall only be applicable in the\ncase of an employee organization which has established and maintained a\nprocedure providing for the refund to any employee demanding the return\nany part of an agency shop fee deduction which represents the employee's\npro rata share of expenditures by the organization in aid of activities\nor causes of a political or ideological nature only incidentally related\nto terms and conditions of employment. Nothing herein shall be deemed to\nrequire an employee to become a member of such employee organization.\n (b) Notwithstanding provisions of and restrictions of sections two\nhundred two and two hundred nine-a of this article and section\nninety-three-b of the general municipal law, every employee organization\nthat has been recognized or certified as the exclusive representative of\nemployees within a negotiating unit of other than state employees shall\nbe entitled to have deducted from the wage or salary of employees of\nsuch negotiating unit who are not members of said employee organization\nthe amount equivalent to the dues levied by such employee organization\nand the fiscal or disbursing officer of the local government or\nauthority involved shall make such deductions and transmit the sum so\ndeducted to such employee organization. Provided, however, that the\nforegoing provisions of this subdivision shall only be applicable in the\ncase of an employee organization which has established and maintained a\nprocedure providing for the refund to any employee demanding the return\nof any part of an agency shop fee deduction which represents the\nemployee's pro rata share of expenditures by the organization in aid of\nactivities or causes of a political or ideological nature only\nincidentally related to terms and conditions of employment. Nothing\nherein shall be deemed to require an employee to become a member of such\nemployee organization.\n