Did You Know? Expired Contracts

Can a school district/municipal government suspend salary increments or step increases while operating under an expired contract?

The Triborough Amendment of the Taylor Law dictates that all provisions of an expired agreement continue until the parties agree to a new agreement, making it illegal for the local government to refuse to continue the terms of an expired agreement while awaiting a new agreement to be negotiated.

In practice, the Triborough Amendment means that any specific provision in the contract calling for salary increments or step advances remains effective even upon the expiration of the contract.  Clearly the Triborough Amendment provides no incentive to a union to negotiate a new contract if the economic climate would require concessions which would make a contract more affordable.  Therefore, it can be in the best interest of the union to operate under an expired agreement rather than risk a conversation about concessions in a new contract.

Since personnel accounts for 70-80% of local government costs, salaries and benefits are the logical to make adjustments.  Knowing this, the unions are hesitant to negotiate when living under the protection of Triborough can provide salary increments or step advances.

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About Mike Durant

Mike Durant was named New York State Director of NFIB in May 2011. Prior to joining NFIB as the Assistant State Director in May 2010, Durant began his career in the New York Senate working in the Office of Member Services. From there, he served in a number of positions during former New York Governor George E. Pataki’s administration. As a Research Specialist in the New York State Office of Demographic Policy, Mike was responsible for drafting a redistricting proposal for Governor Pataki. In addition, Mike served as a Research Specialist for the Empire State Development Corporation, as well as the Associate Commissioner of Human Resource Management with the New York Department of Labor. Durant also spent four years working at the Questar III BOCES as a specialist focusing on the complex formulas that drive aid to school districts across the state while also taking a lead role in the state legislative/budget process as it related to education policy. These past positions have given Mike a deep understanding of the complex political economics of the State of New York. Active in the community, Durant has served on a number of boards in both the village of Ballston Spa and Town of Milton. Durant received his bachelor’s degree from Siena College in Loudonville, New York and resides in Ballston Spa with his wife and two children.
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