208 - Rights accompanying certification or recognition.

§ 208. Rights  accompanying  certification or recognition. 1. A public  employer  shall  extend  to  an  employee  organization   certified   or  recognized pursuant to this article the following rights:    (a)  to  represent  the  employees in negotiations notwithstanding the  existence of an agreement with  an  employee  organization  that  is  no  longer certified or recognized, and in the settlement of grievances; and    (b)  to membership dues deduction, upon presentation of dues deduction  authorization cards signed by individual employees.    2. An employee organization certified or recognized pursuant  to  this  article  shall  be  entitled to unchallenged representation status until  seven months prior to the expiration of a written agreement between  the  public  employer  and  said  employee organization determining terms and  conditions of employment. For the purposes of this subdivision, (a)  any  such  agreement  for  a  term covering other than the fiscal year of the  public employer shall be deemed to expire with the  fiscal  year  ending  immediately  prior  to  the  termination date of such agreement, (b) any  such agreement having a term in excess of three years shall  be  treated  as  an  agreement for a term of three years, provided, however, any such  agreement between the state and an  employee  organization  representing  employees  in  the executive or judicial branches which commences in the  calendar year two thousand seven having a term in excess of three  years  shall  be  treated  as an agreement for a term certain specified in such  agreement but in no event for  a  term  greater  than  four  years,  (c)  extensions  of  any  such  agreement  shall  not  extend  the  period of  unchallenged  representation  status,  and   (d)   notwithstanding   any  provision  of law to the contrary, the interest arbitration award issued  pursuant to the provisions of  paragraph  (e)  of  subdivision  four  of  section two hundred nine of this article binding the executive branch of  the state of New York and the employee organization which represents the  collective   negotiating  unit  consisting  of  troopers  and  the  unit  consisting of commissioned and non-commissioned officers in the division  of state police, covering a  period  commencing  April  first,  nineteen  hundred  ninety-nine,  shall  be  treated as a written agreement for the  term specified in such award solely for the representation  purposes  of  this section.    3.  (a) Notwithstanding provisions of and restrictions of sections two  hundred two and two hundred nine-a of  this  article,  and  section  two  hundred  one  of the state finance law, every employee organization that  has been recognized or certified  as  the  exclusive  representative  of  employees  of  the  state  within a negotiating unit of classified civil  service employees, employees within a negotiating unit of civilian state  employees of the division of military and naval affairs or employees  in  a  collective  negotiating unit established pursuant to this article for  the professional services in the state university, for  the  members  of  the  state  police  or  for  the members of the capitol buildings police  force of the office of  general  services  shall  be  entitled  to  have  deducted  from  the  wage or salary of the employees in such negotiating  unit who are not  members  of  said  employee  organization  the  amount  equivalent  to  the  dues  levied by such employee organization, and the  state comptroller shall make such deductions and  transmit  the  sum  so  deducted  to  such  employee  organization.  Provided, however, that the  foregoing provisions of this subdivision shall only be applicable in the  case of an employee organization which has established and maintained  a  procedure  providing for the refund to any employee demanding the return  any part of an agency shop fee deduction which represents the employee's  pro rata share of expenditures by the organization in aid of  activities  or causes of a political or ideological nature only incidentally relatedto terms and conditions of employment. Nothing herein shall be deemed to  require an employee to become a member of such employee organization.    (b)  Notwithstanding  provisions  of  and restrictions of sections two  hundred  two  and  two  hundred  nine-a  of  this  article  and  section  ninety-three-b of the general municipal law, every employee organization  that has been recognized or certified as the exclusive representative of  employees  within a negotiating unit of other than state employees shall  be entitled to have deducted from the wage or  salary  of  employees  of  such  negotiating unit who are not members of said employee organization  the amount equivalent to the dues levied by such  employee  organization  and  the  fiscal  or  disbursing  officer  of  the  local  government or  authority involved shall make such deductions and transmit  the  sum  so  deducted  to  such  employee  organization.  Provided, however, that the  foregoing provisions of this subdivision shall only be applicable in the  case of an employee organization which has established and maintained  a  procedure  providing for the refund to any employee demanding the return  of any part of  an  agency  shop  fee  deduction  which  represents  the  employee's  pro rata share of expenditures by the organization in aid of  activities  or  causes  of  a  political  or  ideological  nature   only  incidentally  related  to  terms  and  conditions of employment. Nothing  herein shall be deemed to require an employee to become a member of such  employee organization.