Mood:  irritated

The issue of of authorizing a four-year binding arbitration award is to be sent to the members for their vote as required by Article IV of the NYSCOPBA Constitution.  Before the leadership makes such agreement it has no authority to make under the constitution for the members.

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Clearly the members kept for themselves the final word regarding any and all collective bargaining agreements, and it requires an agreement to authorize the arbitration panel to issue a four- year award. 

Section 209 of Article 14 the Arbitration statute in relevant part: Note: we are (f)

    where the parties to a public arbitration are those

 anticipated by the provisions of  [paragraph]  

paragraphs  (e) and  (f)  of  this  subdivision  [as 

established by chapter four hundred thirty-two of the 

laws of nineteen hundred ninety-five,] the  state  

and such  parties  may  agree  to confer authority to 

the public arbitration panel to issue a final and 

binding determination for a period up to and including 

four years.

TITLE I -- BILL OF RIGHTS OF MEMBERS OF LABOR ORGANIZATIONS

Bill of Rights

(29 U.S.C. 411)

SEC. 101. (a)(1) EQUAL RIGHTS.-- Every member of a labor organization shall have equal rights and privileges within such organization to nominate candidates, to vote in elections or referendums of the labor organization, to attend membership meetings and to participate in the deliberations and voting upon the business of such meetings, subject to reasonable rules and regulations in such organization's constitution and bylaws.

(2) FREEDOM OF SPEECH AND ASSEMBLY.-- Every member of any labor organization shall have the right to meet and assemble freely with other members; and to express any views, arguments, or opinions; and to express at meetings of the labor organization his views, upon candidates in an election of the labor organization or upon any business properly before the meeting, subject to the organization's established and reasonable rules pertaining to the conduct of meetings: Provided, That nothing herein shall be construed to impair the right of a labor organization to adopt and enforce reasonable rules as to the responsibility of every member toward the organization as an institution and to his refraining from conduct that would interfere with its performance of its legal or contractual obligations.

In relevant part:

N.L.R.B. v. JONES & LAUGHLIN STEEL CORP., 301 U.S. 1 (1937) 301 U.S. 1

Mr. Chief Justice HUGHES delivered the opinion of the Court.

Second. The Unfair Labor Practices in Question.-The unfair labor practices found by the Board are those defined in section 8, subdivisions ( 1) and (3). These provide:

'Sec. 8. It shall be an unfair labor practice for an employer-

'(1) To interfere with, restrain, or coerce employees in the exercise of the rights guaranteed in section 7 (section 157 of this title). ...

'(3) By discrimination in regard to hire or tenure of employment or any term or condition of employment to encourage or discourage membership in any labor organization.' 4 [301 U.S. 1, 33] Section 8, subdivision (1), refers to section 7, which is as follows:

That is a fundamental right. Employees have as clear a right to organize and select their representatives for lawful purposes as the respondent has to organize its business and select its own officers and agents. Discrimination and coercion to prevent the free exercise of the right of employees to self-organization and representation is a proper subject for condemnation by competent legislative authority. Long ago we stated the reason for labor organizations. We said that they were organized out of the necessities of the situation; that a single employee was helpless in dealing with an employer; that he was dependent ordinarily on his daily wage for the maintenance of himself and family; that, if the employer refused to pay him the wages that he thought fair, he was nevertheless unable to leave the employ and resist arbitrary and unfair treatment; that union was essential to give laborers opportunity to deal on an equality with their employer. American Steel Foundries v. Tri-City Central Trades Council, 257 U.S. 184, 209 , 42 S.Ct. 72, 78, 27 A.L.R. 360. We reiterated these views when we had under consideration the Railway Labor Act of 1926, 44 Stat. 577. Fully recognizing the legality of collective action on the part of employees in [301 U.S. 1, 34] order to safeguard their proper interests, we said that Congress was not required to ignore this right but could safeguard it. Congress could seek to make appropriate collective action of employees an instrument of peace rather than of strife. We said that such collective action would be a mockery if representation were made futile by interference with freedom of choice. Hence the prohibition by Congress of interference with the selection of representatives for the purpose of negotiation and conference between employers and employees, 'instead of being an invasion of the constitutional right of either, was based on the recognition of the rights of both.' Texas & N.O.R. Co. v. Railway & S.S. Clerks, supra. We have reasserted the same principle in sustaining the application of the Railway Labor Act as amended in 1934 (45 U.S.C.A. 151 et seq.). Virginian Railway Co. v. System Federation, No. 40, supra.

New York Civil Service Law:

  Article 14, Section 202 Right of organization:  Public employees shall have the right to form, join and participate in, or to refrain from forming, joining, or participation in, any employee organization of their own choosing.

Summary:

The members absolutly have a right to vote to authorize a 4 year award, directly, not by assumed or self declared delegate(s).