A04950 Summary:
| BILL NO | A04950 |
| SAME AS | No Same As |
| SPONSOR | Fall |
| COSPNSR | |
| MLTSPNSR | |
| Amd §220, Lab L | |
| Requires employees of a public passenger ferry system employed as United States coast guard-licensed officers or in any position for which a United States coast guard officer license, endorsement or credential is required by law or by the relevant civil service job specifications, to be included under the phrase "laborers, workers or mechanics" as used under certain provisions of the labor law relating to the ability of employee organizations to negotiate with employers. | |
A04950 Text:
Go to topSTATE OF NEW YORK ________________________________________________________________________ 4950 2025-2026 Regular Sessions IN ASSEMBLY February 10, 2025 ___________ Introduced by M. of A. FALL -- read once and referred to the Committee on Labor AN ACT to amend the labor law, in relation to employees covered under certain provisions relating to laborers, workers or mechanics The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 8-d of section 220 of the labor law, as amended 2 by chapter 767 of the laws of 1984, is amended and a new subdivision 1-a 3 is added to read as follows: 4 1-a. Any use of the term "workmen" in this section shall be deemed to 5 mean "workers" as used in the definition under paragraph (b) of subdivi- 6 sion 8-d of this section. 7 8-d. (a) Notwithstanding any inconsistent provision of this chapter or 8 of any other law, in a city of one million or more, where a majority of 9 laborers, [workmen] workers or mechanics in a particular civil service 10 title are members of an employee organization which has been certified 11 or recognized to represent them pursuant to the provisions of article 12 fourteen of the civil service law or a local law enacted thereunder, the 13 public employer and such employee organization shall in good faith nego- 14 tiate and enter into a written agreement with respect to the wages and 15 supplements of the laborers, [workmen] workers or mechanics in the 16 title. If the parties fail to achieve an agreement, only the employee 17 organization shall be authorized to file a single verified complaint 18 pursuant to subdivision seven herein, on behalf of the laborers, [work-19men] workers or mechanics so represented. Such employee organization 20 shall be the sole and exclusive representative of such laborers, [work-21men] workers or mechanics at any hearing pursuant to subdivision eight 22 herein, and shall be the sole complainant in the proceeding for all 23 purposes therein, including review pursuant to article seventy-eight of 24 the civil practice law and rules. Service by the fiscal officer on the 25 employee organization shall be sufficient notice to the laborers, [work-EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08732-01-5A. 4950 2 1men] workers or mechanics so represented for all purposes of subdivision 2 eight herein, except that the issuance and enforcement of subpoenas 3 shall be regulated by the civil practice law and rules. Any order, 4 compromise, or settlement determining the issues raised upon such a 5 proceeding, which has not been taken up for review by the employee 6 organization, shall be binding upon the laborers, [workmen] workers or 7 mechanics represented by the employee organization. Nothing herein shall 8 be construed to limit the rights of any laborer, [workman] worker or 9 mechanic who has on file a verified complaint prior to the effective 10 date of this subdivision. 11 (b) For the purposes of this section, the phrase "laborers, workers or 12 mechanics" shall include, but not be limited to, employees of a public 13 passenger ferry system employed as United States coast guard-licensed 14 officers or in any position for which a United States coast guard offi- 15 cer license, endorsement or credential is required by law or by the 16 relevant civil service job specifications. Such laborers, workers or 17 mechanics, through their employee organization(s), shall have, as an 18 alternative to pursuing a prevailing rate determination from the rele- 19 vant fiscal officer, the right to invoke and pursue collective bargain- 20 ing impasse procedures available to other employees of their employer, 21 and such laborers, workers and mechanics shall also have the right to 22 invoke and pursue any administrative or other proceedings, to pursue 23 charges or other types of claims or complaints, and to seek remedies 24 that are available to other employees of their employer pursuant to any 25 relevant local collective bargaining, civil service, labor or personnel 26 law, rules or regulations for the resolution or remedying of the employ- 27 er's failure to bargain in good faith or other unfair or improper labor 28 practices. Any use of the term "workmen" in this section shall be 29 deemed to mean "workers" as used in the definition under this paragraph. 30 § 2. This act shall take effect immediately.