S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8699--A

                          I N  A S S E M B L Y

                            February 4, 2014
                               ___________

Introduced  by  M.  of  A. ROZIC, GOTTFRIED, MOSLEY, JACOBS, COOK, ROSA,
  WRIGHT -- Multi-Sponsored by -- M. of A. GLICK, PERRY,  RIVERA,  STECK
  --  read  once  and  referred  to  the Committee on Labor -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law, in relation to the definition of building
  service employee

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  1  and  4  of section 230 of the labor law,
subdivision 1 as amended by chapter 542 of the laws of 1984, and  subdi-
vision  4  as amended by chapter 678 of the laws of 2007, are amended to
read as follows:
  1. "Building service employee" or "employee" means any person perform-
ing work in connection with the  care  or  maintenance  of  an  existing
building,  or  in connection with the transportation of office furniture
or equipment to or from such building, or in connection with the  trans-
portation and delivery of fossil fuel to such building, for a contractor
under  a contract with a public agency OR UNDER A CONTRACT OR COLLECTIVE
BARGAINING AGREEMENT WITH A  CUSTODIAN-ENGINEER,  OR  HIS/HER  REPRESEN-
TATIVE,  EMPLOYED  BY THE NEW YORK CITY DEPARTMENT OF EDUCATION which is
in excess of one thousand five hundred dollars and the principal purpose
of which is to furnish services through  the  use  of  building  service
employees.
  "Building  service employee" or "employee" includes, but is not limit-
ed, to, watchman, guard, doorman, building  cleaner,  porter,  handyman,
janitor,  gardener, groundskeeper, stationary fireman, elevator operator
and starter, window cleaner, and occupations relating to the  collection
of  garbage or refuse, and to the transportation of office furniture and
equipment, and to the transportation and delivery  of  fossil  fuel  but
does  not  include clerical, sales, professional, technician and related
occupations.   "BUILDING SERVICE EMPLOYEE" ALSO  INCLUDES,  BUT  IS  NOT
LIMITED  TO  CUSTODIAN EMPLOYEES EMPLOYED AS ENGINEERS, STATIONARY ENGI-
NEERS, FIREMEN, FIREMEN-CLEANERS, BOILER ROOM MAINTENANCE MEN,  CUSTODI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD13835-03-4

A. 8699--A                          2

AN-HELPERS, COAL PASSERS, WATCHMEN, GUARDS, BUILDING CLEANERS, HANDYMEN,
STATIONARY  FIREMEN,  OR WINDOW CLEANERS AT THE NEW YORK CITY DEPARTMENT
OF EDUCATION.
  "Building  service  employee"  or "employee" also does not include any
employee to whom the provisions of articles eight and [eight-a]  EIGHT-A
of this chapter are applicable.
  4.  "Contractor"  means  any employer who employs employees to perform
building service work under a contract with a public  agency  and  shall
include any of the contractor's subcontractors.  FOR THE LIMITED PURPOSE
OF  CONTRACTS OR COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE BARGAINING
REPRESENTATIVE OF A BUILDING SERVICE  EMPLOYEE  AND  CUSTODIAN-ENGINEER,
CONTRACTOR  SHALL  INCLUDE  CUSTODIAN-ENGINEERS EMPLOYED BY THE NEW YORK
CITY DEPARTMENT OF EDUCATION.
  S 2. This act shall take effect immediately.