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S5235Senate2009-2010 SessionSame asA4447

Extends unfair labor practice protection to state grant recipients

Sponsor Diane J. SavinoSD-23Affects Economy
Status
In Senate Committee
Labor
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Labor

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

No co-sponsors yet.

History

  1. Referred to labor
  2. Referred to labor

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A4447Assembly

Extends unfair labor practice protection to state grant recipients

In Assembly Committee · Labor · Sponsor J. Gary Pretlow

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the labor law, in relation to extending the application of the New York state labor relations act to state grant recipients

Purpose or general idea of bill

Provides protection against unfair labor practices committed by state grant recipients.

Summary of specific provisions

Section 1. Adds a new subdivision 13 to section 701 of the labor law to define the term "state grant recipient."

Section 2. Amends subdivisions 1 and 2 of section 706 of the labor law by prohibiting "state grant recipients" from engaging in unfair labor practices; amends subdivision 3 of section 706 of the labor law by adding a new subdivision (e) providing for cancellation of state grant funds upon a finding of a second or subsequent unfair labor practice.

Justification

Sections 704 and 706 of the New York State Labor Law contain provisions designed to prevent employers from committing the unfair labor practice of impeding unionization. Where the State Labor Board finds that an employer has committed an unfair labor practice as defined in section 704, the Board has the power to issue a cease and desist order, as well as to order the offending employer to 1) withdraw recognition from and refrain from bargaining collectively with an employee organization "maintained or assisted by" any unfair labor practice, 2) award back pay to employees who suffered unfair labor practices, 3) reinstate without back pay any employee who was illegally blacklisted, or 4) reinstate with or without back pay all employees who had been illegally blacklisted.

This legislation is modeled on the Prevailing Wage Law, section 220-e of the Public Works Act. The Legislature has recognized that in the realm of public works, a state or municipality may in its discretion cancel a contract with an organization engaging in unfair discrimination. Amending the labor law to include an analogous provision to prevent any other unfair labor practices will effectuate the Legislature's intent to protect employees, as articulated in both section 220-e and in section 700 of the Labor Law.

Prior legislative history

A.1417 in 98 Referred to Labor A.729 of 99 Referred to Labor

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.