Bill Text: NY A01420 | 2015-2016 | General Assembly | Introduced
Bill Title: Extends application of the NYS labor relations act and unfair labor practice protections to state grant recipients who act in the capacity of employers; permits a contracting state agency to cancel payments to a grant recipient upon a second or subsequent labor violation; defines "state grant recipient".
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - referred to labor [A01420 Detail]
Download: New_York-2015-A01420-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1420
2015-2016 Regular Sessions
I N A S S E M B L Y
January 12, 2015
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to extending the application
of the New York state labor relations act to state grant recipients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 701 of the labor law is amended by adding a new
2 subdivision 13 to read as follows:
3 13. THE TERM "STATE GRANT RECIPIENT" MEANS ANY PERSON OR ORGANIZATION
4 RECEIVING STATE GRANT FUNDS, INCLUDING ECONOMIC DEVELOPMENT GRANTS, AND
5 ACTING IN THE CAPACITY OF AN EMPLOYER AS DEFINED IN SUBDIVISION TWO OF
6 THIS SECTION.
7 S 2. Subdivisions 1, 2 and 3 of section 706 of the labor law, subdivi-
8 sions 1 and 3 as added by chapter 443 of the laws of 1937, subdivision 2
9 as amended by chapter 148 of the laws of 2013, are amended to read as
10 follows:
11 1. The board is empowered and directed, as hereinafter provided, to
12 prevent any employer OR STATE GRANT RECIPIENT from engaging in any
13 unfair labor practice. This power shall not be affected or impaired by
14 any means of adjustment, mediation or conciliation in labor disputes
15 that have been or may hereafter be established by law.
16 2. Whenever a charge has been made that any employer OR STATE GRANT
17 RECIPIENT has engaged in or is engaging in any unfair labor practice,
18 the board or its agent shall have the power to serve upon such employer
19 OR STATE GRANT RECIPIENT a copy of the charge that was filed with the
20 board and a notice setting the date for the service and filing of an
21 answer. Any such charge may be amended from time to time prior to the
22 issuance of an order based thereon. The employer or the person so
23 charged shall have the right to file an answer to the original or
24 amended charge and to appear in person or otherwise to give testimony at
25 the place and time set by the board or its agent. In the discretion of a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05297-01-5
A. 1420 2
1 member or agent conducting the hearing, or of the board, any other
2 person may be allowed to intervene in the said proceeding and to present
3 testimony. In any such proceeding the board or its agent shall not be
4 bound by technical rules of evidence prevailing in the courts of law or
5 equity.
6 3. The testimony taken at the hearing shall be reduced to writing and
7 filed with the board. Thereafter, in its discretion, the board upon
8 notice may take further testimony or hear argument. If upon all the
9 testimony taken the board shall determine that the respondent has
10 engaged in or is engaging in any unfair labor practice, the board shall
11 state its findings of fact and shall issue and cause to be served on
12 such respondent an order requiring such respondent to cease and desist
13 from such unfair labor practice, and to take such further affirmative or
14 other action as will effectuate the policies of this article, including,
15 but not limited to (a) withdrawal of recognition from and refraining
16 from bargaining collectively with any employee organization or associ-
17 ation, agency or plan defined in this article as a company union or
18 established, maintained or assisted by any action defined in this arti-
19 cle as an unfair labor practice; (b) awarding of back pay; (c) rein-
20 statement with or without back pay of any employee discriminated against
21 in violation of section seven hundred four OF THIS ARTICLE, or mainte-
22 nance of a preferential list from which such employee shall be returned
23 to work; (d) reinstatement with or without back pay of all employees
24 whose work has ceased or whose return to work has been delayed or
25 prevented as the result of the aforementioned or any other unfair labor
26 practice in respect to any employee or employees or maintenance of a
27 preferential list from which such employees shall be returned to work.
28 Such order may further require such person to make reports from time to
29 time showing the extent to which the order has been complied with. If
30 upon all the testimony the board shall be of the opinion that the person
31 or persons named in the complaint have not engaged in or are not engag-
32 ing in any such unfair labor practice, then the board shall make its
33 findings of fact and shall issue an order dismissing the complaint. UPON
34 A SHOWING OF A SECOND OR SUBSEQUENT VIOLATION BY A STATE GRANT RECIPI-
35 ENT, THE BOARD MAY, IN ITS DISCRETION, RECOMMEND TO THE CONTRACTING
36 STATE AGENCY CANCELLATION OF REMAINING STATE PAYMENTS TO SUCH STATE
37 GRANT RECIPIENT ON ANY STATE GRANT OR ECONOMIC DEVELOPMENT GRANT. THE
38 CONTRACTING STATE AGENCY MAY, UPON SUCH A RECOMMENDATION BY THE BOARD,
39 LAWFULLY CANCEL PAYMENTS TO SUCH STATE GRANT RECIPIENT.
40 S 3. This act shall take effect immediately.
