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A07798 Text:

                STATE OF NEW YORK
                               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.

        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.
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