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DELEGATE MAURER: I have a ques-
tion on bargaining collectively.
As you know, in the New York State
law on negotiations or employee-employer
relationships in the public sector, they used
the words "collective negotiations."
One of the problems is whether you can
make contracts. Collective bargaining im-
plies reaching an agreement through con-
tract. Public school systems, for example,
are large employers but are not inde-
pendent. They cannot assure certain funds
and as the law has been held, we are not
in a position to sign a contract. Do you
have any implications in this statement of
the use of the word "collective bargaining"
that contracts are involved?
DELEGATE BOTHE: The implications
are, as I believe they are defined in the
National Labor Relations Act. You are
looking toward an agreement. When you
are speaking of a contract, I do not know
whether you are distinguishing a written
contract from an agreement and this pro-
posal does not purport to make any such
distinction. It is merely a question of the
employer and the employee sitting down
and talking it over in the hope that they
can reach an agreement satisfactory to
both.
Whether that agreement involves a writ-
ten contract, whether the employer's bind-
ing the conditions of wages and working
conditions can enter into such a contract
is not implicit here.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: I have a
question.
We have talked about implementation
by law and I am assuming you have talked
about the General Assembly. What effect
would this have on executive orders and,
secondly, what effect would this have in
terms of local implementation?
Could jurisdictions, either local govern-
ments, or school boards, et cetera, set up
their own regulations or are you thinking
only in term of state-wide legislation?
DELEGATE BOTHE: Oh, no, in fact,
there is no state-wide legislation now and
what might occur in the future would be
up to the General Assembly, but I think
it is contemplated in the cases of school
boards and other areas which are locally
managed and run, that the right be vis-a-
vis the local authorities. If the State should
enact legislation I am certain that it would
leave the negotiating machinery in the
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hands of those who are responsible for the
employment and conditions of employment.
THE CHAIRMAN: Delegate Maurer.
DELEGATE MAURER: As you know,
under the Kennedy Administration there
was a famous executive order about the
federal employees. Do you view this avenue
open to arrangements for state employees,
that is, executive order rather than legis-
lative implementation?
DELEGATE BOTHE: I would hope that
both the executive and the General As-
sembly would by the inclusion of this lan-
guage be inspired to do what they have not
previously seen fit to do and use their
powers and authorities to make certain
that this right is effectuated and is taking
place in all the areas of the State.
I do not know in which instances it
would be more appropriate to be done by
executive order or by the General Assem-
bly, but I think the efforts would be coop-
erative just as the president's order com-
plements the National Labor Relations Act.
THE CHAIRMAN: Delegate Beatrice
Miller.
DELEGATE B. MILLER: Delegate
Bothe, is it not true that the state school
board in a by-law last year adopted a
professional negotiations resolution which
recognized the right of their employees to
bargain collectively?
DELEGATE BOTHE: If you ask the
question I think I can safely say yes.
THE CHAIRMAN: Delegate Miller.
DELEGATE B. MILLER: You men-
tioned something about a model constitu-
tion proposing a provision. Can you tell us
a little more about what the model con-
stitution proposed?
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: I will read it. It
is Section 103 of the fifth edition of the
model constitution. It is placed between
due process and searches and seizures and,
incidentally, is the only provision which is
not identical to those which we adopted
yesterday and it reads :
"Citizens shall have the right to
organize, except in military or semi-
military organizations not under the
supervision of the State and except for
purposes of resisting the fully consti-
tuted authority of this state or of the
United States. Public employees shall
have the right, through representatives
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