Taylor Law - Criticism and Reform

Criticism and Reform

While government officials support the Taylor Law as a way of preventing strikes by municipal unions in New York, the unions contend that the law is harsh on them. The labor unions also contend that the Taylor Law does not provide government agencies the incentive to negotiate contracts on a timely basis and negotiate the terms of the contract in good faith. There have been lobbying efforts by municipal unions to the New York state legislature to change the Taylor Law. There is some resistance or reluctance to modifying the law.

With the creation and assistance of the Taylor Law, members of many organizations including the Albany Fire Department were able to unionize, becoming one of the strongest political organizations. The year 1970 saw the birth of Union Local 2007, which was also responsible in paving the way for all other public sector unions in the City of Albany, New York.

The Taylor Law has been a frequent target for upstate New York anti-union activists; they claim that it severely limits the ability of governments to limit spending on unionized labor, with minimal recourse in the event the unions illegally strike. One particular clause, the Triborough Amendment, mandates that in the event of a lack of a contract, the terms of the previous contract continue indefinitely, leaving governments (and, by extension, taxpayers) with virtually no leverage to force concessions if an overly generous contract becomes unsustainable. While raw salary increases are generally negotiated on a year by year basis (and are thus frozen at the expiration of a contract), "step increases" (which are based on an individual worker's longevity and are additional raises above and beyond general salary raises) are still required in most state contracts, and must be given even when a contract expires if the previous contract stipulated such. Thus, raises can theoretically continue in perpetuity. As a result of this, numerous activists and government officials have moved to either suspend or repeal the Triborough Amendment. The Conservative Party of New York State, which seeks the abolition of the amendment, argues that the amendment's guarantee of a perpetual contract eliminates any incentive for unions to negotiate in good faith.

The Buffalo Teachers Federation, for instance, illegally struck in September 2000, which delayed the start of the school year; the consequences was a fine of double a day's wage for every work day the teachers were on strike, most of which was implemented during the days leading into the Christmas holiday.