The Legislature approved an emergency budget bill on Monday that would authorize Gov. David A. Paterson to furlough about 100,000 state employees, roughly half the state’s work force, without pay for one day.
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Assemblyman Peter D. Lopez, a Democrat from Schoharie, during the debate. The bill passed largely along party lines.Public employee unions contended that the furloughs, which officials said would be the first for state workers in New York, would be illegal, and they said they would seek a temporary restraining order in Federal District Court here to block Mr. Paterson’s plan.
While some lawmakers, including many who voted for the bill, also questioned the legality of the furloughs, they said they had little choice but to approve the legislation because failing to do so would have effectively shut down the state government. The furlough plan, which would require each affected worker to take one day off next week, was included in the emergency spending bill needed to keep money flowing to state agencies.
“We’re not stopping government,” said Sheldon Silver, the Assembly speaker. “I think that ultimately the courts will overturn it.”
The Senate Democratic leader, John L. Sampson, suggested that lawmakers would welcome a court challenge by the unions.
“The executive furlough plan is a potentially unlawful breach of contract, and we will be supportive of challenges to preserve the rights of hard-working families,” Mr. Sampson said in a statement.
Battered by the recession and short on revenue, officials in at least 11 states have sought to furlough workers to save money. But in some cases, courts have sided with the unions that represent government workers, blocking the furloughs on the ground that forcing workers to take an unpaid leave violates collective bargaining agreements.
“This action on the part of the governor is clearly illegal,” said Kenneth Brynien, the president of the Public Employees Federation, one of several unions that represent state workers in New York. “We have a contract that says that we work all year and make a certain amount of money.”
Mr. Paterson announced last week that he would pursue the furloughs after the unions refused other concessions to save the state money, like giving up a 4 percent raise or delaying employees’ paychecks by several days. The one-day furlough is expected to save the state about $30 million, and the governor has said he would seek additional furloughs every week until the Legislature reaches a deal with him on the state budget, which is now nearly six weeks late.
The furloughs will exclude most public safety and health workers like State Police troopers, correction officers and nurses.
“I recognize that these furloughs represent a difficult sacrifice for many of the state’s public employees,” Mr. Paterson said in a statement issued moments after the final vote. “That sacrifice is only necessary because their union leadership has rejected all other reasonable attempts at compromise.”
“In the days ahead,” he added, “the special interests will use every tool at their disposal to try and prevent me from doing what is necessary to put our state’s fiscal house in order. My only objective is to help New York turn the corner on this fiscal crisis, and that goal guides every decision I make as governor.”
Many legislators expressed their anguish during debate about having to choose between furloughs or a government shutdown. And Republicans attacked Democrats, who control both chambers, for failing to close a budget deal.
The Senate unanimously approved a nonbinding resolution sponsored by Neil D. Breslin, a Democrat from the Albany area, that declared the furloughs illegal and asked Mr. Paterson to resubmit his emergency bill without the furlough language. The governor, who is also a Democrat, had said he would refuse to do so.
“This is a unilateral decision by the governor to force us to vote against the extender bill,” Senator Breslin said. “If we voted against that extender bill and it failed, everyone would be without health insurance. Motor vehicle departments would be closed down.”
The measure passed in both chambers along party lines. The Senate vote was 32 to 29, with all Republicans voting against the bill, and the Assembly voted 82 to 56, with some Democrats joining the Republicans in opposition.
“We were told as soon as they blew by the April 1 budget deadline that negotiations were continuing and that weekly emergency extenders were necessary to keep government functioning,” Dean G. Skelos, the Republican Senate leader, said in a statement. “By voting against the budget extender, Senate Republicans are delivering a message that enough is enough.”flower
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