S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          282
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by M. of A. ROZIC, COOK, GOTTFRIED, MOSLEY, WRIGHT -- Multi-
         Sponsored by -- M. of A. GLICK, PERRY, RIVERA, STECK -- read once  and
         referred to the Committee on Labor
       AN ACT to amend the labor law, in relation to the definition of building
         service employee
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions 1 and 4 of  section  230  of  the  labor  law,
    2  subdivision  1 as amended by chapter 542 of the laws of 1984, and subdi-
    3  vision 4 as amended by chapter 678 of the laws of 2007, are  amended  to
    4  read as follows:
    5    1. "Building service employee" or "employee" means any person perform-
    6  ing  work  in  connection  with  the  care or maintenance of an existing
    7  building, or in connection with the transportation of  office  furniture
    8  or  equipment to or from such building, or in connection with the trans-
    9  portation and delivery of fossil fuel to such building, for a contractor
   10  under a contract with a public agency OR UNDER A CONTRACT OR  COLLECTIVE
   11  BARGAINING  AGREEMENT  WITH  A  CUSTODIAN-ENGINEER, OR HIS/HER REPRESEN-
   12  TATIVE, EMPLOYED BY THE NEW YORK CITY DEPARTMENT OF EDUCATION  which  is
   13  in excess of one thousand five hundred dollars and the principal purpose
   14  of  which  is  to  furnish  services through the use of building service
   15  employees.
   16    "Building service employee" or "employee" includes, but is not  limit-
   17  ed,  to,  watchman,  guard, doorman, building cleaner, porter, handyman,
   18  janitor, gardener, groundskeeper, stationary fireman, elevator  operator
   19  and  starter, window cleaner, and occupations relating to the collection
   20  of garbage or refuse, and to the transportation of office furniture  and
   21  equipment,  and  to  the  transportation and delivery of fossil fuel but
   22  does not include clerical, sales, professional, technician  and  related
   23  occupations.    "BUILDING  SERVICE  EMPLOYEE"  ALSO INCLUDES, BUT IS NOT
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01730-01-5
       A. 282                              2
    1  LIMITED TO CUSTODIAN EMPLOYEES EMPLOYED AS ENGINEERS,  STATIONARY  ENGI-
    2  NEERS,  FIREMEN, FIREMEN-CLEANERS, BOILER ROOM MAINTENANCE MEN, CUSTODI-
    3  AN-HELPERS, COAL PASSERS, WATCHMEN, GUARDS, BUILDING CLEANERS, HANDYMEN,
    4  STATIONARY  FIREMEN,  OR WINDOW CLEANERS AT THE NEW YORK CITY DEPARTMENT
    5  OF EDUCATION.
    6    "Building service employee" or "employee" also does  not  include  any
    7  employee  to whom the provisions of articles eight and [eight-a] EIGHT-A
    8  of this chapter are applicable.
    9    4. "Contractor" means any employer who employs  employees  to  perform
   10  building  service  work  under a contract with a public agency and shall
   11  include any of the contractor's subcontractors.  FOR THE LIMITED PURPOSE
   12  OF CONTRACTS OR COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE  BARGAINING
   13  REPRESENTATIVE  OF  A  BUILDING SERVICE EMPLOYEE AND CUSTODIAN-ENGINEER,
   14  CONTRACTOR SHALL INCLUDE CUSTODIAN-ENGINEERS EMPLOYED BY  THE  NEW  YORK
   15  CITY DEPARTMENT OF EDUCATION.
   16    S 2. This act shall take effect immediately.