Bill Text: NY S05231 | 2009-2010 | General Assembly | Introduced
Bill Title: Expands prevailing wage legislation to charter schools and requires them to abide by laws pertaining to advertising for bids, letting of contracts, and criminal conspiracies in municipal contracting; expands scope of prevailing wage provisions to leases, grants, bonds, covenants, debt agreements, or permits; requires representation in negotiating units for all (not only instructional) employees if criteria for representation are met.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LABOR [S05231 Detail]
Download: New_York-2009-S05231-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5231 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to hours, wages, and supple- ments for work on public work projects including charter schools and to amend the education law, in relation to contracts for charter school construction and collective bargaining representation of employees in certain charter schools THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 2 of section 220 of the labor law, as amended 2 by chapter 678 of the laws of 2007, is amended to read as follows: 3 2. Each contract, LEASE, GRANT, BOND, COVENANT, DEBT AGREEMENT OR 4 PERMIT to which the state or a public benefit corporation or a municipal 5 corporation or a commission appointed pursuant to law OR AN EDUCATION 6 CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and any 7 contract for public work entered into by a third party acting in place 8 of, on behalf of and for the benefit of such public entity pursuant to 9 any lease, permit or other agreement between such third party and the 10 public entity, and which may involve the employment of laborers, workers 11 or mechanics shall contain a stipulation that no laborer, worker or 12 mechanic in the employ of the contractor, subcontractor or other person 13 doing or contracting to do the whole or a part of the work contemplated 14 by the contract shall be permitted or required to work more than eight 15 hours in any one calendar day or more than five days in any one week 16 except in cases of extraordinary emergency including fire, flood or 17 danger to life or property. No such person shall be so employed more 18 than eight hours in any day or more than five days in any one week 19 except in such emergency. Extraordinary emergency within the meaning of 20 this section shall be deemed to include situations in which sufficient 21 laborers, workers and mechanics cannot be employed to carry on public 22 work expeditiously as a result of such restrictions upon the number of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10448-01-9 S. 5231 2 1 hours and days of labor and the immediate commencement or prosecution or 2 completion without undue delay of the public work is necessary in the 3 judgment of the commissioner for the preservation of the contract site 4 and for the protection of the life and limb of the persons using the 5 same. Upon the application of any person interested, the commissioner 6 shall make a determination as to whether or not on any public project or 7 on all public projects in any area of this state, sufficient laborers, 8 workers and mechanics of any or all classifications can be employed to 9 carry on work expeditiously if their labor is restricted to eight hours 10 per day and five days per week, and in the event that the commissioner 11 determines that there are not sufficient workers, laborers and mechanics 12 of any or all classifications which may be employed to carry on such 13 work expeditiously if their labor is restricted to eight hours per day 14 and five days per week, and the immediate commencement or prosecution or 15 completion without undue delay of the public work is necessary in the 16 judgment of the commissioner for the preservation of the contract site 17 and for the protection of the life and limb of the persons using the 18 same, the commissioner shall grant a dispensation permitting all labor- 19 ers, workers and mechanics, or any classification of such laborers, 20 workers and mechanics, to work such additional hours or days per week on 21 such public project or in such areas the commissioner shall determine. 22 Whenever such a dispensation is granted, all work in excess of eight 23 hours per day and five days per week shall be considered overtime work, 24 and the laborers, workers and mechanics performing such work shall be 25 paid a premium wage commensurate with the premium wages prevailing in 26 the area in which the work is performed. No such dispensation shall be 27 effective with respect to any public work unless and until the depart- 28 ment of jurisdiction, as defined in this section, certifies to the 29 commissioner that such public work is of an important nature and that a 30 delay in carrying it to completion would result in serious disadvantage 31 to the public. Time lost in any week because of inclement weather by 32 employees engaged in the construction, reconstruction and maintenance of 33 highways outside of the limits of cities and villages may be made up 34 during that week and/or the succeeding three weeks. 35 S 2. Paragraph (a) of subdivision 3 of section 2853 of the education 36 law, as amended by section 4 of part D-2 of chapter 57 of the laws of 37 2007, is amended to read as follows: 38 (a) A charter school may be located in part of an existing public 39 school building, in space provided on a private work site, in a public 40 building or in any other suitable location. Provided, however, before a 41 charter school may be located in part of an existing public school 42 building, the charter entity shall provide notice to the parents or 43 guardians of the students then enrolled in the existing school building 44 and shall hold a public hearing for purposes of discussing the location 45 of the charter school. ALL CONTRACTS ENTERED INTO BY SUCH CHARTER 46 SCHOOL, OR ANY EDUCATION CORPORATION ORGANIZED TO OPERATE A CHARTER 47 SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC BENE- 48 FIT CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON 49 BEHALF OF ANY OF THESE ENTITIES, INVOLVING THE CONSTRUCTION, RECON- 50 STRUCTION, DEMOLITION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, 51 OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL BE SUBJECT TO THE 52 REQUIREMENTS OF SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW 53 AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may own, 54 lease or rent its space. For purposes of local zoning, land use regu- 55 lation and building code compliance, a charter school shall be deemed a 56 nonpublic school. S. 5231 3 1 S 3. Paragraph (b-1) of subdivision 3 of section 2854 of the education 2 law, as amended by section 6 of part D-2 of chapter 57 of the laws of 3 2007, is amended to read as follows: 4 (b-1) The employees of a charter school that is not a conversion from 5 an existing public school shall not be deemed members of any existing 6 collective bargaining unit representing employees of the school district 7 in which the charter school is located, and the charter school and its 8 employees shall not be subject to any existing collective bargaining 9 agreement between the school district and its employees. Provided, 10 however, that (i) if the student enrollment of the charter school on the 11 first day on which the charter school commences student instruction 12 exceeds two hundred fifty or if the average daily student enrollment of 13 such school exceeds two hundred fifty students at any point during the 14 first two years after the charter school commences student instruction, 15 all employees of the school who are eligible for representation under 16 article fourteen of the civil service law shall be deemed to be repres- 17 ented in a separate negotiating unit at the charter school by the same 18 employee organization, if any, that represents like employees in the 19 school district in which such charter school is located; (ii) the 20 provisions of subparagraph (i) of this paragraph may be waived in up to 21 ten charters issued on the recommendation of the charter entity set 22 forth in paragraph (b) of subdivision three of section twenty-eight 23 hundred fifty-one of this article; [(iii) the provisions of subparagraph 24 (i) of this paragraph shall not be applicable to the renewal or exten- 25 sion of a charter;] and [(iv)] (III) nothing in this sentence shall be 26 construed to subject a charter school subject to the provisions of this 27 paragraph or its employees to any collective bargaining agreement 28 between any public school district and its employees or to make the 29 employees of such charter school part of any negotiating unit at such 30 school district. [The charter school may, in its sole discretion, choose 31 whether or not to offer the terms of any existing collective bargaining 32 to school employees.] 33 S 4. This act shall take effect immediately, provided, however, that 34 the amendments to subdivision two of section 220 of the labor law made 35 by section one of this act shall not affect the expiration of such 36 subdivision and shall be deemed to expire therewith.