S07451 Summary:
BILL NO | S07451 |
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SAME AS | SAME AS A10764 |
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SPONSOR | SAVINO |
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COSPNSR | |
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MLTSPNSR | |
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Add Art 19-C SS695-a - 695-g, Lab L | |
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Allows child care providers to organize themselves and select representatives for the purposes of discussing with the State the conditions of their employment and the operations of child care programs. |
S07451 Actions:
BILL NO | S07451 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/12/2010 | REFERRED TO LABOR | |||||||||||||||||||||||||||||||||||||||||||||||||
06/07/2010 | REPORTED AND COMMITTED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2010 | COMMITTEE DISCHARGED AND COMMITTED TO RULES | |||||||||||||||||||||||||||||||||||||||||||||||||
06/16/2010 | ORDERED TO THIRD READING CAL.1022 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2010 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2010 | DELIVERED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
06/17/2010 | referred to labor | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2010 | substituted for a10764 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2010 | ordered to third reading cal.962 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2010 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/29/2010 | returned to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
09/20/2010 | DELIVERED TO GOVERNOR | |||||||||||||||||||||||||||||||||||||||||||||||||
10/01/2010 | SIGNED CHAP.540 | |||||||||||||||||||||||||||||||||||||||||||||||||
10/08/2010 | APPROVAL MEMO.31 |
S07451 Floor Votes:
Yes
Abbate
ER
Carrozza
Yes
Gabryszak
No
Kolb
No
Murray
No
Saladino
Yes
Alessi
Yes
Castelli
Yes
Galef
Yes
Koon
Yes
Nolan
No
Sayward
Yes
Alfano
Yes
Castro
Yes
Gantt
Yes
Lancman
No
Oaks
Yes
Scarborough
No
Amedore
Yes
Christensen
Yes
Gianaris
Yes
Latimer
Yes
O'Donnell
Yes
Schimel
Yes
Arroyo
Yes
Clark
Yes
Gibson
Yes
Lavine
No
O'Mara
No
Schimminger
Yes
Aubry
Yes
Colton
No
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schroeder
No
Bacalles
No
Conte
Yes
Glick
Yes
Lifton
Yes
Parment
Yes
Scozzafava
Yes
Ball
ER
Cook
Yes
Gordon
No
Lopez PD
Yes
Paulin
Yes
Skartados
No
Barclay
No
Corwin
Yes
Gottfried
Yes
Lopez VJ
Yes
Peoples
Yes
Spano
No
Barra
Yes
Crespo
Yes
Gunther
Yes
Lupardo
Yes
Perry
Yes
Stirpe
Yes
Barron
No
Crouch
No
Hawley
No
Magee
Yes
Pheffer
Yes
Sweeney
Yes
Benedetto
Yes
Cusick
No
Hayes
Yes
Magnarelli
Yes
Powell
No
Tedisco
Yes
Benjamin
Yes
Cymbrowitz
Yes
Heastie
Yes
Maisel
Yes
Pretlow
Yes
Thiele
Yes
Bing
Yes
DelMonte
Yes
Hevesi
Yes
Markey
No
Quinn
Yes
Titone
Yes
Boyland
Yes
DenDekker
Yes
Hikind
Yes
Mayersohn
Yes
Rabbitt
Yes
Titus
Yes
Boyle
Yes
Destito
Yes
Hooper
No
McDonough
Yes
Raia
No
Tobacco
Yes
Brennan
Yes
Dinowitz
Yes
Hoyt
Yes
McEneny
Yes
Ramos
Yes
Towns
Yes
Brodsky
No
Duprey
Yes
Hyer Spencer
No
McKevitt
No
Reilich
Yes
Townsend
Yes
Brook Krasny
Yes
Englebright
Yes
Jacobs
Yes
Meng
Yes
Reilly
Yes
Weinstein
No
Burling
No
Errigo
Yes
Jaffee
No
Miller JM
Yes
Rivera J
Yes
Weisenberg
No
Butler
Yes
Espaillat
Yes
Jeffries
Yes
Miller MG
ER
Rivera N
Yes
Weprin
Yes
Cahill
Yes
Farrell
Yes
John
Yes
Millman
Yes
Rivera PM
Yes
Wright
No
Calhoun
Yes
Fields
No
Jordan
ER
Molinaro
Yes
Robinson
Yes
Zebrowski
Yes
Camara
No
Finch
Yes
Kavanagh
No
Montesano
Yes
Rosenthal
Yes
Mr. Speaker
Yes
Canestrari
No
Fitzpatrick
Yes
Kellner
Yes
Morelle
Yes
Russell
‡ Indicates voting via videoconference
S07451 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7451 IN SENATE April 12, 2010 ___________ 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 the representation of child care providers The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The labor law is amended by adding a new article 19-C to 2 read as follows: 3 ARTICLE 19-C 4 REPRESENTATION OF CHILD CARE PROVIDERS 5 Section 695-a. Statement of public policy; findings. 6 695-b. Definitions. 7 695-c. Representation units. 8 695-d. Procedure for recognition. 9 695-e. Challenges. 10 695-f. Application of this article. 11 695-g. Legal effect. 12 § 695-a. Statement of public policy; findings. The legislature 13 declares that it is the public policy of the state and the purpose of 14 this act to create a framework for child care providers to secure repre- 15 sentation to help improve the environment in which they work. 16 The legislature hereby finds child care providers perform an essential 17 service for working parents and guardians in this state by creating a 18 safe, educational and enjoyable home-like environment for their chil- 19 dren. Many of New York's children spend a significant part of their 20 crucial early years of development under the supervision of child care 21 providers. It is in the best interest of New York state to maintain a 22 child care delivery system that fosters quality child care options and 23 compensation, and benefits and working conditions for child care provid- 24 ers commensurate with the value of the work they perform. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16805-01-0S. 7451 2 1 Accordingly child care providers are hereby given the option to organ- 2 ize themselves and select representatives for the purpose of discussing 3 with the state the conditions of their employment, the stability of 4 funding and operations of child care programs and the expansion of qual- 5 ity child care. 6 § 695-b. Definitions. As used in this article, "child care provider" 7 shall mean: 8 1. An operator of a group family day care home as defined in paragraph 9 (d) of subdivision one of section three hundred ninety of the social 10 services law or 11 2. A family day care home as defined in paragraph (c) of subdivision 12 one of section three hundred ninety of the social services law or 13 3. An individual providing child care in reference to one or more 14 children who are receiving child care assistance under title five-c of 15 article six of the social services law under circumstances where the 16 individual is not required to be licensed or registered under section 17 three hundred ninety of the social services law or to be licensed under 18 the administrative code of the city of New York. 19 § 695-c. Representation units. For purposes of this article only, New 20 York's child care providers shall be divided into four representation 21 units as follows: 22 1. All child care providers in New York city who are paid from funds 23 administered by New York city pursuant to section four hundred ten-u of 24 the social services law. 25 2. All registered or licensed child care providers in New York city 26 who are not paid from funds administered by New York city pursuant to 27 section four hundred ten-u of the social services law. 28 3. All registered or licensed child care providers outside the city of 29 New York and 30 4. All child care providers outside New York city who provide child 31 care in a residence to one or more children who are receiving child care 32 assistance under title 5-c of article six of the social services law 33 under circumstances where the individual is not required to be licensed 34 or registered under section three hundred ninety of the social services 35 law. 36 § 695-d. Procedure for recognition. 1. For the purpose of this arti- 37 cle, New York state shall recognize as the representative of the child 38 care providers in any unit set forth in section six hundred 39 ninety-five-c of this article each representative as is designated by a 40 majority of the providers in the unit pursuant to the following proce- 41 dure: A perspective representative may demonstrate majority designation 42 upon submission of authorization cards, approved within twelve months of 43 this submission, by the majority of providers in the unit, to the state 44 employment relations board (SERB) or any successor agency for the 45 purpose of review. The SERB and/or its designee shall review the cards 46 and if it determines that the cards constitute at least fifty percent 47 plus one of the providers in the unit at issue, then the SERB shall 48 certify the party making application as the designated representative of 49 the unit. If the SERB determines that cards submitted constitute at 50 least thirty percent of providers in the unit at issue, but not more 51 than fifty percent, it shall conduct an election in a manner directed by 52 the SERB and consistent with its standard election procedure to deter- 53 mine if a majority of members designate the prospective representative. 54 2. Any relevant state agency, including the office of children and 55 family services shall provide the SERB with information necessary to 56 determine the size of the units and the identities of members of saidS. 7451 3 1 unit subject to any limitations or dissemination of information as the 2 agency believes necessary to protect confidentiality, or as otherwise 3 required by law. 4 § 695-e. Challenges. Any party seeking to challenge the status of a 5 unit representative may submit information to the SERB. The SERB shall 6 determine whether the information provides a reasonable basis to consti- 7 tute that a majority of the unit wishes to be represented by a different 8 representative or a majority of the unit decides no representation. If 9 the SERB so determines, it shall adopt a process it believes warranted 10 to ascertain the majority's choice of representation, including by the 11 submission of authorization cards or election, unless such process has 12 been undertaken in the previous two years. 13 § 695-f. Application of this article. 1. The office of children and 14 family services shall meet with the designated representative of those 15 units of child care providers, either jointly or separately, for the 16 purpose of entering into a written agreement to the extent feasible. The 17 agreement may address the stability, funding and operation of child care 18 programs, expansion of quality child care, improvement of working condi- 19 tions, salaries and benefits and payment for child care providers. If 20 issues under discussion require the participation and/or approval of 21 other state agencies, those agencies shall participate in the 22 discussions. Nothing herein shall require that an agreement be reached 23 on any matters described above. 24 2. In the event an agreement is reached, it shall be embodied in writ- 25 ing between the office of children and family services and other 26 affected agencies and the designated representative. The agreement shall 27 be binding on the state, contingent upon any regulatory or legislative 28 action that may be required. 29 3. If legislative or regulatory action or appropriation of funds is 30 required the parties will jointly seek such action. 31 § 695-g. Legal effect. Nothing herein shall: 32 1. Permit child care providers collectively the right to engage in a 33 strike or to take work action to secure any right or privilege from the 34 state or its agencies; 35 2. Render a child care provider a state officer or employee or in any 36 way imply an employee-employer relationship with the state or its subdi- 37 visions, including but not limited to a public retirement system, public 38 health insurance program, unemployment insurance, workers compensation, 39 disability coverage, New York civil service law or indemnification under 40 the public officers law; 41 3. Alter any current regulations, policies or procedures for health, 42 safety, discipline inspection or enforcement applicable to child care 43 providers or programs unless agreed to and enacted; 44 4. Interfere with the existing relationship between consumers and 45 child care providers including existing rights of parents or guardians 46 to change or terminate a provider's service; 47 5. Interfere with any ability of child care providers or child care 48 provider representatives to meet or correspond with any state agency 49 with regard to any matter of relevance; and 50 6. Create any contractual right or obligations. 51 § 2. This act shall take effect immediately.