Governor Andrew Cuomo wants to further tilt New York’s public-sector collective bargaining landscape in favor of public employee unions—this time to pressure new employees to join.

Cuomo proposes to force the state’s approximately 1,800 unionized public employers—mainly school districts and local governments—to provide unions with “mandatory access” to “new employee orientations.” It’s an opportunity for union leaders to pitch prospective members when they’re still new to the work environment—and haven’t yet become accustomed to taking home a full paycheck.

New rules championed by Cuomo in 2018 require employers to let unions “meet with” new hires—but employees, under those rules, don’t have to meet with a union representative if they don’t want to, and employers don’t have to make special accommodations.

Union presentations at orientation generally present the danger of employees facing coercion, since it forces anyone who might choose not to join to publicly decline to sign a membership card.

Cuomo is, in effect, setting up the unions to make new hires an offer they can’t refuse.

This orientation access would be an important get for public employee unions, which in 2018 lost their ability to force non-members to pay them thanks to the U.S. Supreme Court decision in Janus v. AFSCME.

The changes proposed by Cuomo in the FY2021 budget would affect all employees who bargain under the Taylor Law, the state’s public-sector collective bargaining law. Recent payroll data suggest there’s a sense of urgency behind the proposal: since Janus, more than 7 percent of the unionized employees in state government have either stopped paying dues—or decided not to pay them in the first place.

The Public Employee Federation, which represents state government’s largest bargaining unit (about 53,000 workers), saw its card-carrying membership drop by 28 people from November 2018 to November 2019—even as the number of employees it represents grew by 448 people due to hiring. That divergence indicates that on top of people quitting PEF, new employees are joining at a far lower rate than the employees they’re replacing. And this is happening even with Cuomo putting his thumb on the scale and engaging in tactics bordering on coercion to goose union membership.

Many employers, to be sure, already let unions present under terms set at the negotiating table—likely with management getting something in return. But Cuomo proposes to let every union have this, sparing them from having to give anything up in bargaining and reinforcing labor’s habit of running to the Legislature instead of using traditional bargaining.

To put this in context, legislation to ban smoking on state university campuses has been bottled up in Albany for years because of opposition from public employee unions such as the Civil Service Employees Association, the state’s largest municipal employee union, which argues such a move should only get done at the bargaining table and that doing it by statute would “delegitimize” employees as “stakeholders” in the bargaining process.

The unions have remarkably less concern about the sanctity of the bargaining process when they’re getting things from the Legislature instead of potentially having taxpayers get something back.

You may also like

How Will A Major Milk Plant Fit Under NY’s Climate Limits? It Won’t.

Plans to build a milk-processing facility in Monroe County were announced last year to great fanfare but with few details on how such an energy-intensive operation could fit within Albany’s strict climate rules poised to hit homes and businesses. The answer: it won’t have to. Read More

New York’s Proposed ‘MCO Tax’ Would Generate a Fraction of What Lawmakers Expected

The Hochul administration's proposed "MCO tax" would generate far less than the $4 billion in extra federal aid anticipated by state lawmakers when they approved the concept this spring, according to documents obtained by t Read More

Cuomo’s House Testimony Added New Misinformation about Covid in Nursing Homes

Throughout the scandal over former Governor Andrew Cuomo's handling of Covid-19 in nursing homes, Cuomo and his administration repeatedly spread bad information – misstating how its policies had worked, understating death Read More

Hochul Hides the Specifics of a Looming Tax on Health Insurance

The Hochul administration has requested federal approval for a multibillion-dollar "MCO tax" on health plans without announcing the move or providing details to the public. As by l Read More

Hochul’s CDPAP Overhaul Hands a Costly Win to 1199

Governor Hochul's overhaul of the Consumer Directed Personal Assistance Program reached a milestone Monday when she named a Georgia-based company as the winning bidder to be the program's statewide "fiscal intermediary" – Read More

New Yorkers’ Health Costs Spiral as Officials Take Credit for ‘Savings’

The latest round of health insurance premium hikes announced by New York regulators adds to evidence that state policies are drowning consumers instead of helping them. Late last mo Read More

The Math Does Not Support New York’s Climate Plan

I am not anti-renewable and I am not a climate denier. What I am is an engineer that lives by numbers. The numbers underpinning the CLCPA—namely the belief that New York can replace most of its natural gas-fired electricity generation with renewables in the next six or even nine years—are a fantasy. Read More

What Paul Francis Got Wrong About the Empire Center’s Nursing Home Research

In February 2021, the Empire Center published the first independent analysis of the Cuomo's administration much-debated directive ordering Covid-positive patients into nursing homes. The report found that the directive was associated with a statistically significant increase in resident deaths in the homes that admitted the  infected patients. Read More