STATE OF NEW YORK
________________________________________________________________________
10036
IN ASSEMBLY
May 2, 2012
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Introduced by M. of A. LANCMAN -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to enacting the "prevailing
wage protection and restoration act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "prevailing wage protection and restoration act".
3 § 2. Subdivision 8-d of section 220 of the labor law, as amended by
4 chapter 767 of the laws of 1984, is amended to read as follows:
5 8-d. Notwithstanding any inconsistent provision of this chapter or of
6 any other law, in a city of one million or more, where a majority of
7 laborers, [workmen] workers or mechanics in a particular civil service
8 title are members of an employee organization which has been certified
9 or recognized to represent them pursuant to the provisions of article
10 fourteen of the civil service law or a local law enacted thereunder, the
11 public employer and such employee organization shall in good faith nego-
12 tiate and enter into a written agreement with respect to the wages and
13 supplements of the laborers, [workmen] workers or mechanics in the
14 title. If the parties fail to achieve an agreement, only the employee
15 organization shall be authorized to file a single verified complaint
16 pursuant to subdivision seven [herein] of this section, on behalf of the
17 laborers, [workmen] workers or mechanics so represented. Such employee
18 organization shall be the sole and exclusive representative of such
19 laborers, [workmen] workers or mechanics at any hearing pursuant to
20 subdivision eight [herein] of this section, and shall be the sole
21 complainant in the proceeding for all purposes therein, including review
22 pursuant to article seventy-eight of the civil practice law and rules.
23 Service by the fiscal officer on the employee organization shall be
24 sufficient notice to the laborers, [workmen] workers or mechanics so
25 represented for all purposes of subdivision eight [herein] of this
26 section, except that the issuance and enforcement of subpoenas shall be
27 regulated by the civil practice law and rules. Any order, compromise, or
28 settlement determining the issues raised upon such a proceeding, which
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15407-02-2
A. 10036 2
1 has not been taken up for review by the employee organization, shall be
2 binding upon the laborers, [workmen] workers or mechanics represented by
3 the employee organization. Nothing herein shall be construed to limit
4 the rights of any laborer, [workman] worker or mechanic who has on file
5 a verified complaint prior to the effective date of this subdivision.
6 This section shall apply irrespective of any action taken pursuant to
7 the provisions of article fourteen of the civil service law or a local
8 law or order enacted or adopted thereunder to any employee in a title
9 where the provisions of this section have been previously applied by the
10 fiscal officer as of April first, two thousand twelve.
11 § 3. This act shall take effect immediately.
