NY State Senate Bill 2021-S8434

Senate Bill S8434

2021-2022 Legislative Session

Provides for designation of representatives for the purposes of collective bargaining by farm laborers and the prevention of unfair labor practices

download bill text pdf

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 01, 2022	recommit, enacting clause stricken referred to labor

2021-S8434 (ACTIVE) - Details

Law Section:: Labor Law
Laws Affected:: Amd §§705, 706 & 708, Lab L

2021-S8434 (ACTIVE) - Summary

Provides for designation of representatives for the purposes of collective bargaining by farm laborers and the issuing of complaints for the prevention of unfair labor practices.

2021-S8434 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8434

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the labor law, in relation to the designation of repre-
sentatives for the purposes of collective bargaining by farm laborers
and the prevention of unfair labor practices

 
PURPOSE:

The purpose of this bill is to authorize the Public Employee Relations
Board ("PERB" or the "Board") to facilitate workers' efforts to organ-
ize, improve their workplace conditions, and streamline communications
through electronic means.

 
SUMMARY OF PROVISIONS:

  Section  1  amends  Section  705 of the Labor Law to authorize PERB to
designate negotiating units  in  cases  concerning  farm  laborers,  and
authorize  PERB  to conduct a hearing when the Board is unable to deter-
mine a showing of interest after an allegation of  whether  there  is  a

question or controversy regarding the representation of employees.

  Section  2  amends Section 706 of the Labor Law to authorize the Board
or its agent to serve on the employer a complaint containing the charges
and notice of the hearing at a place to be held not  less  than  7  days
after  service  of  the complaint. The complaint may be amended prior to
issuance of an order. Further, the respondent has the  right  to  answer
the  original  or amended complaint no less than 5 days after service of
the original or amended complaint.

  Section 3 amends Section 708 of the Labor Law to  provide  service  of
process by electronic mail. Section 4 is the effective date.

 
JUSTIFICATION:

Reforms  to the State Employee Relations Act (SERA) are needed to ensure
PERB may conduct its mission effectively. This bill allows PERB to forgo
a hearing if there is substantial evidence of a majority  to  certify  a
union and allows service of process via electronic means. By modernizing
PERB's  processes and authority, the agency designed to protect workers'
rights may now do so in a manner befitting the 21st century.

 
LEGISLATIVE HISTORY:

New bill.

 
STATE AND LOCAL FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth  day  after  it  shall  have
become a law.

2021-S8434 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8434
 
                             I N  S E N A T E
 
                               March 1, 2022
                                ___________
 
 Introduced  by  Sen. JACKSON -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to the designation of  repre-
   sentatives  for the purposes of collective bargaining by farm laborers
   and the prevention of unfair labor practices
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1-a, 2 and 3 of section 705 of the labor law,
 subdivision 1-a as added by chapter 105 of the laws of 2019, subdivision
 2 as amended by chapter 515 of the laws of 1963, and  subdivision  3  as
 amended  by  chapter  1034  of  the laws of 1957, are amended to read as
 follows:
   1-a. If the choice available to the employees in a negotiating unit is
 limited to selecting or rejecting a single employee  organization,  that
 choice  shall be ascertained by the board on the basis of dues deduction
 authorizations instead of by an election. In  such  case,  the  employee
 organization involved will be certified without an election if a majori-
 ty  of  the  employees  within  the  unit have executed a [showing] dues
 [deductions authorizations] DEDUCTION AUTHORIZATION OR OTHER SHOWING  OF
 INTEREST.
   2.  The board shall decide in each case whether, in order to insure to
 employees the full benefit  of  their  right  to  self-organization,  to
 collective  bargaining  and otherwise to effectuate the policies of this
 article, the unit appropriate for the purposes of collective  bargaining
 shall  be  the  employer unit, multiple employer unit, craft unit, plant
 unit, or any other unit; provided, however, that in any case  where  the
 majority  of  employees  of a particular craft, or in the case of a non-
 profitmaking hospital or residential care center where the  majority  of
 employees of a particular profession or craft, shall so decide the board
 shall  designate  such profession or craft as a unit appropriate for the
 purpose of collective bargaining; AND PROVIDED  FURTHER,  HOWEVER,  THAT
 THE  BOARD SHALL DESIGNATE NEGOTIATING UNITS THAT SHALL BE DEEMED APPRO-
 PRIATE IN CASES CONCERNING FARM LABORERS EXCEPT IN EXTRAORDINARY CIRCUM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14853-01-2

 S. 8434                             2
 
 STANCES AND IN CIRCUMSTANCES IN WHICH THERE ARE EXISTING  NON-CONFORMING
 UNITS.
   3.  Whenever it is alleged by an employee or his representative, or by
 an employer or his representative, that there is a question  or  contro-
 versy concerning the representation of employees, the board shall inves-
 tigate  such  question  or  controversy  and  certify  in writing to all
 persons concerned the name or names of the representatives who have been
 designated or selected. In [any such investigation] THE EVENT THE  BOARD
 IS  UNABLE TO DETERMINE WHETHER THE SHOWING OF INTEREST SUPPORTS CERTIF-
 ICATION OF A REPRESENTATIVE OR  DIRECTION  OF  AN  ELECTION  WITHOUT  AN
 EVIDENTIARY  HEARING, the board shall provide for an appropriate hearing
 upon due notice, [either in conjuction with a proceeding  under  section
 seven  hundred  six  or otherwise, and may conduct an election by secret
 ballot of employees, or use any other suitable method to ascertain  such
 representatives   (either  before  or  after  the  aforesaid  hearing),]
 provided, however, that the board shall not have authority  to  investi-
 gate  or  determine  any  question or controversy between individuals or
 groups within the same labor organization nor  between  labor  organiza-
 tions  affiliated with the same parent labor organization concerning the
 internal affairs of any labor organization but nothing contained in this
 proviso shall be deemed to preclude the  board  from  investigating  and
 determining  which,  if any, of affiliated groups or labor organizations
 have been designated or selected by employees as  their  representatives
 for  the  purposes  of  collective bargaining within the meaning of this
 article.
   § 2. Subdivision 2 of section 706 of the  labor  law,  as  amended  by
 chapter 148 of the laws of 2013, is amended to read as follows:
   2. Whenever a charge has been made that any employer has engaged in or
 is  engaging  in any unfair labor practice, the board or its agent shall
 have the power to [serve] ISSUE AND CAUSE TO BE SERVED upon such employ-
 er a [copy of the charge that was filed with  the  board  and  a  notice
 setting  the  date  for  the  service and filing of an answer] COMPLAINT
 STATING THE CHARGES IN THAT RESPECT AND CONTAINING A NOTICE  OF  HEARING
 BEFORE THE BOARD AT A PLACE THEREIN FIXED TO BE HELD NOT LESS THAN SEVEN
 DAYS  AFTER  THE SERVING OF SAID COMPLAINT.  Any such [charge] COMPLAINT
 may be amended [from time to] BY THE BOARD OR ITS AGENT  CONDUCTING  THE
 HEARING AT ANY time prior to the issuance of an order based thereon. The
 employer  or  the person so [charged] COMPLAINED OF shall have the right
 to file an answer to the original or amended [charge] COMPLAINT NOT LESS
 THAN FIVE DAYS AFTER THE SERVICE OF SUCH ORIGINAL OR  AMENDED  COMPLAINT
 and  to appear in person or otherwise to give testimony at the place and
 time set [by the board or its agent] IN THE COMPLAINT. In the discretion
 of a member or agent conducting the hearing, or of the board, any  other
 person may be allowed to intervene in the said proceeding and to present
 testimony.  In  any  such proceeding the board or its agent shall not be
 bound by technical rules of evidence prevailing in the courts of law  or
 equity.
   §  3.  Subdivision  5  of  section 708 of the labor law, as amended by
 chapter 148 of the laws of 2013, is amended to read as follows:
   5. [Charges] COMPLAINTS, CHARGES, petitions, orders, NOTICES OF  HEAR-
 ING,  and  other  process and papers of the board, its member, agent, or
 agency, [may] SHALL be served [either] BY ELECTRONIC MAIL WHENEVER PRAC-
 TICABLE, AND MAY BE SERVED personally or by regular mail or by leaving a
 copy thereof at the principal office or place of business of the  person
 required to be served, WHENEVER SERVICE BY ELECTRONIC MAIL IS NOT FEASI-
 BLE.  The verified return OR CERTIFICATE OF SERVICE by the individual so
 S. 8434                             3
 
 serving the same setting forth the manner of such service shall be proof
 of the same, and the return post office receipt therefor when registered
 and mailed as aforesaid shall be proof of service of the same. Witnesses
 summoned  before  the  board, its member, agent, or agency shall be paid
 the same fees and mileage that are paid witnesses in the courts of  this
 state,  and  witnesses whose depositions are taken and the person taking
 the same shall severally be entitled to the same fees as  are  paid  for
 like  services  in the courts of this state.  Final orders issued by the
 board shall be served upon the parties by ELECTRONIC MAIL WHENEVER PRAC-
 TICABLE, AS WELL AS BY registered or certified mail.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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