Do we have the right to organize?

Yes! Section 17 of Article 1 of the New York State Constitution grants all workers in New York the right to bargain collectively, and Article 14 of the Civil Service Law, the Public Employees’ Fair Employment Act, does not exempt the legislature in its definition of a public employer nor legislative staff in its definition of a public employee. We have a well-protected right to organize, and the staff of the New York City Council have already exercised this right and formed a union pursuant to these laws.

Is this only for staff of the Majority Conference?

No. Our union is non-partisan. Staff of both the majority and the minority conference are welcome to join. Our goal is to improve working conditions for all staff of the legislature, regardless of political affiliation.

What are your demands?

We have a list of demands that we have created based on conversations with every person who has signed a card. This includes items like improving pay, addressing compensatory time, creating a policy for travel reimbursements, and strengthening protections against harassment and discrimination.

Our exact demands vary slightly between the Senate and Assembly and have changed over time as members have joined. We want to hear from you about what you want to change about your workplace. Sign a card and let us know.

How do we form a union?

Under state law, we must first request voluntary recognition from the employer. If voluntary recognition is not granted, we may request an election if we have collected membership cards from 30% or more of our proposed bargaining unit (the group of employees we seek to represent). If we collect membership cards from more than 50% of our proposed bargaining unit, we may request recognition on that basis, although the decision to certify the union without an election would be at the discretion of PERB.

What about retaliation?

New York state law and jurisprudence strongly prohibit any retaliation by a public employer. Management—whether members or supervisors—are prohibited from interfering with, restraining, coercing, or discriminating against any staff with respect to our rights to organize or engage in any activity protected by the law. If you suspect that you may have been retaliated against, our members are here to help you navigate the situation, advocate for you, or assist with filing a complaint with the Public Employment Relations Board, the state agency responsible for defending the labor rights granted to public employees. We have retained well-seasoned counsel in the unfortunate event that any such retaliation occurs.

Is the union the same for the Senate and the Assembly?

The New York State Legislative Workers United (NYSLWU) seeks to represent employees of both the Senate and the Assembly. Because the Assembly and Senate are different employers, we expect that separate contracts will be reached relating to the conditions of employment in each chamber. Both bargaining units will be part of the same union, however, and our members in the Senate and Assembly are working closely together in this campaign.

Are you part of a larger union?

NYSLWU is an independent union that is not affiliated with the AFL-CIO, PEF, CSEA, AFSCME, or any other recognized collective bargaining representative. Being independent has advantages and disadvantages, but because we are a democratic union it is a choice that we have made for ourselves and we may elect to change this status at another time.

How much do dues cost?

Dues are different for every union. We have not yet won a contract, so no one is paying any dues and joining will cost you nothing. Dues typically range from less than one percent of gross pay to around two percent, depending on the union. Union-membership is associated with significantly increased pay, however, making dues well-worth the cost.

Is membership confidential?

Membership is confidential, and membership records are only accessible to a select few members of our organizing committee. If we seek recognition through a certification of the number of cards we have collected, cards will be reviewed by an independent third-party, and never management. Your boss will never know you have signed a card unless you tell them.

Am I eligible?

We are seeking to form a wall-to-wall union, including legislative offices, Program and Counsel, Communication and Information Services, and any other unit or department of that wishes to join. At a later point in time, as a part of the recognition or certification process, the Majority Leader and Speaker may argue that certain employees should be excluded as a result of managerial or confidential duties. In the meantime, everyone is eligible to sign a card. That means you!

What if I have a policy-making or M/C designation?

Legislative employees in policy-making roles are eligible to join! The policy-making designation on ethics and financial disclosure forms is not the same as being deemed a “person who formulates policy” under New York’s public sector labor law. Moreover, the M/C designation on some health insurance plans is not the same as being designated a managerial or confidential employee for the purposes of union representation. For union purposes, any policy-making, managerial, or confidential designation affecting eligibility will be decided upon recognition or certification of the union and determination of the scope of the bargaining unit.

Are other state legislatures organizing?

Staff in state legislatures in Washington, Minnesota, Maine, Oregon, New Hampshire, Massachusetts, and California are all seeking to form unions. The New York City Council has unionized as the Association of Legislative Employees, and federal legislative staff have formed the Congressional Workers Union. We are in contact with staff in these places and we stand in solidarity with their desire to bargain collectively for improved workplace conditions.