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, workmen or mechanics" as used under certain provisions of the labor law relating to the ability of employee organizations to negotiate with employers.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7798
SPONSOR: Fall TITLE OF BILL:
An act to amend the labor law, in relation to employees covered under
certain provisions relating to laborers, workmen or mechanics
Section 1. Subdivision 8-d of section 220 of the labor law is amended to
read as follows:
8-d. i Notwithstanding any inconsistent provision of this chapter or of
any other law, in a city of one million or more, where a majority of
laborers, workmen or mechanics in a particular civil service title are
members of an employee organization which has been certified or recog-
nized to represent them pursuant to the provisions of article fourteen
of the civil service law or a local law enacted thereunder, the public
employer and such employee organization shall in good faith negotiate
and enter into a written agreement with respect to the wages and supple-
ments of the laborers, workmen or mechanics in the title. If the parties
fail to achieve an agreement, only the employee organization shall be
authorized to file a single verified complaint pursuant to subdivision
seven herein, on behalf of the laborers, workmen or mechanics so repres-
ented. Such employee organization shall be the sole and exclusive repre-
sentative of such laborers, workmen or mechanics at any hearing pursuant
to subdivision eight herein, and shall be the sole complainant in the
proceeding for all purposes therein, including review pursuant to arti-
cle seventy-eight of the civil practice law and rules. Service by the
fiscal officer on the employee organization shall be sufficient notice
to the laborers, workmen or mechanics so represented for all purposes of
subdivision eight herein, except that the issuance and enforcement of
subpoenas shall be regulated by the civil practice law and rules. Any
order, compromise, or settlement determining the issues raised upon such
a proceeding, which has not been taken up for review by the employee
organization, shall be binding upon the laborers, workmen or mechanics
represented by the employee organization. Nothing herein shall be
construed to limit the rights of any laborer, workman or mechanic who
has on file a verified complaint prior to the effective date of this
subdivision.
ii For the purposes of this section, laborers, workmen or mechanics
shall include 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 iob specifications.
Such employees enumerated in this subparagraph, through their employee
organization(s), shall have as an alternative to pursuing a prevailing
rate determination from the relevant fiscal officer, the right to invoke
and pursue collective bargaining impasse procedures available to other
employees of their employer, and such employees shall also have the
right to invoke and pursue any administrative or other proceedings, to
pursue charges or other types of claims or complaints, and to seek reme-
dies that are available to other employees of their employer pursuant to
any relevant local collective bargaining, civil service, labor or
personnel law, rules or regulations for the resolution or remedying of
the employer's failure to bargain in good faith or other unfair or
improper labor practices.
§ 2. This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
7798
2023-2024 Regular Sessions
IN ASSEMBLY
June 15, 2023
___________
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, workmen 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 to read as follows:
3 8-d. (a) Notwithstanding any inconsistent provision of this chapter or
4 of any other law, in a city of one million or more, where a majority of
5 laborers, workmen or mechanics in a particular civil service title are
6 members of an employee organization which has been certified or recog-
7 nized to represent them pursuant to the provisions of article fourteen
8 of the civil service law or a local law enacted thereunder, the public
9 employer and such employee organization shall in good faith negotiate
10 and enter into a written agreement with respect to the wages and supple-
11 ments of the laborers, workmen or mechanics in the title. If the parties
12 fail to achieve an agreement, only the employee organization shall be
13 authorized to file a single verified complaint pursuant to subdivision
14 seven herein, on behalf of the laborers, workmen or mechanics so repres-
15 ented. Such employee organization shall be the sole and exclusive repre-
16 sentative of such laborers, workmen or mechanics at any hearing pursuant
17 to subdivision eight herein, and shall be the sole complainant in the
18 proceeding for all purposes therein, including review pursuant to arti-
19 cle seventy-eight of the civil practice law and rules. Service by the
20 fiscal officer on the employee organization shall be sufficient notice
21 to the laborers, workmen or mechanics so represented for all purposes of
22 subdivision eight herein, except that the issuance and enforcement of
23 subpoenas shall be regulated by the civil practice law and rules. Any
24 order, compromise, or settlement determining the issues raised upon such
25 a proceeding, which has not been taken up for review by the employee
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11751-01-3
A. 7798 2
1 organization, shall be binding upon the laborers, workmen or mechanics
2 represented by the employee organization. Nothing herein shall be
3 construed to limit the rights of any laborer, workman or mechanic who
4 has on file a verified complaint prior to the effective date of this
5 subdivision.
6 (b) For the purposes of this section, the phrase "laborers, workmen or
7 mechanics" shall include, but not be limited to, employees of a public
8 passenger ferry system employed as United States coast guard-licensed
9 officers or in any position for which a United States coast guard offi-
10 cer license, endorsement or credential is required by law or by the
11 relevant civil service job specifications. Such laborers, workmen or
12 mechanics, through their employee organization(s), shall have, as an
13 alternative to pursuing a prevailing rate determination from the rele-
14 vant fiscal officer, the right to invoke and pursue collective bargain-
15 ing impasse procedures available to other employees of their employer,
16 and such laborers, workmen and mechanics shall also have the right to
17 invoke and pursue any administrative or other proceedings, to pursue
18 charges or other types of claims or complaints, and to seek remedies
19 that are available to other employees of their employer pursuant to any
20 relevant local collective bargaining, civil service, labor or personnel
21 law, rules or regulations for the resolution or remedying of the employ-
22 er's failure to bargain in good faith or other unfair or improper labor
23 practices.
24 § 2. This act shall take effect immediately.
