N.Y. Yonkers financial emergency act 103/84 § 11: Authorization for wage freeze

§ 11. Authorization for wage freeze. 1. Upon a finding by the board

that a wage freeze is essential to the adoption or maintenance of a city

budget that is in compliance with this act, the board, after enactment

of a resolution so finding, may declare a fiscal crisis. Upon making

such a declaration, the board shall be empowered to order that all

increases in salary or wages of employees of the city and employees of

covered organizations which will take effect after the date of the order

pursuant to collective bargaining agreements or other analogous

contracts, now in existence or hereafter entered into, requiring such

salary increases as of any date thereafter are suspended. Such order may

also provide that all increased payments for holiday and vacation

differentials, shift differentials, salary adjustments according to plan

and step-ups or increments for employees of the city and employees of

covered organizations which will take effect after the date of the order

pursuant to collective bargaining agreements or other analogous

contracts requiring such increased payments as of any date thereafter

are, in the same manner, suspended. For the purposes of computing the

pension base of retirement allowances, any suspended salary or wage

increases and any suspended other payments shall not be considered as

part of compensation or final compensation or of annual salary earned or

earnable. The suspensions authorized hereunder shall continue until one

year after the date of the order and, to the extent of any determination

of the board that a continuation of such suspensions, to a date

specified by the board, is necessary in order to achieve the objectives

of the financial plan, such suspensions shall be continued to the date

specified by such board, which date shall in no event be later than the

end of the emergency period, provided that such suspensions shall

terminate with respect to employees who have agreed to a deferral of

salary or wage increase upon the certification of the agreement by the

board pursuant to subdivision two of this section.

2. This section shall not be applicable to employees of the city or

employees of a covered organization covered by a collective bargaining

agreement or an employee of the city or a covered organization not

covered by a collective bargaining agreement where the collective

bargaining representative or such unrepresented employee has agreed to a

deferment of salary or wage increase, by an instrument in writing which

has been certified by the board as being an acceptable and appropriate

contribution toward alleviating the fiscal crisis of the city. Any such

agreement to a deferment of salary or wage increase may provide that for

the purposes of computing the pension base of retirement allowances, any

deferred salary or wage increase may be considered as part of

compensation or final compensation or of annual salary earned or

earnable.

3. The board may, if it finds that the fiscal crisis has been

sufficiently alleviated or for any other appropriate reason, direct that

the suspensions of salary or wage increases or suspensions of other

increased payments or benefits shall, in whole or in part, be

terminated.