Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment

BILL NUMBER:A10764

Title of bill

An act to amend the labor law, in relation to the repre- sentation of child care providers

Purpose or general idea of the bill

To allow home-based child care providers to elect to be represented by a labor union.

Summary of specific provisions

Section 1. Adds a new article 19-C to the Labor Law.

Section 695-a Sets forth the statement of public policy regarding the right of home-based child care providers to be represented by a labor union

Section 695-b Sets forth definitions

Section 695-c Creates four representation units including one that contains all child care providers in New York City who are paid from funding administered by the City of New York pursuant to Section 410-U of the Social Services Law; a union of registered or licensed child care providers in New York City who are not paid from funds administered by the city pursuant to Section 410-U of the Social Services Law; a unit of all registered or licensed child care providers outside of the City of New York; and a unit of child care providers outside New York City who provide child care in a residence under Title 5-C of the Social Service Law where the individual is not required to be licensed or registered under Section 390 of the Social Services Law

Section 695-d Sets forth procedures for union recognition

Section 695-e Established how a party can challenge the status of a unit representative with the State Employee Relations Board or its successor

Section 695-f Requires the Office of children and Family Services to meet with the designated representative to enter into a written agree- ment for the operation of child care programs

Section 695-g Forbids child care providers from striking or other work actions and explicitly states that child care providers are not state employees

Section 2. Enacting Clause

Justification

Child care providers perform an essential service e for working parents in this state by offering a safe, educational, afforda- ble, and enjoyable homelike environment for children. Many of New York's children spend a significant part of their early years, which are crit- ical for development, under the supervision of child care providers. It is in the best interest of the state to develop a child care delivery system that fosters quality child care options for working families

whose child care needs are not currently always being met by traditional child care programs.

Legislative history

New Bill