S T A T E O F N E W Y O R K
________________________________________________________________________
610
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. JOHN -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to permitting employers and
employees of a residential facility for individuals with disabilities
to enter into labor agreements which confer jurisdiction of the New
York state employment relations board and include card check and no
strike and lockout provisions
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 713-a to
read as follows:
S 713-A. AGREEMENTS WITH EMPLOYEES OF RESIDENTIAL FACILITIES FOR THE
DISABLED. 1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, AN
EMPLOYER AND EMPLOYEE ORGANIZATION OF A RESIDENTIAL FACILITY OR SERVICE
FOR INDIVIDUALS WITH DISABILITIES LICENSED BY THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES OR THE OFFICE OF MENTAL
HEALTH MAY ENTER INTO AN AGREEMENT WHICH SHALL: (A) CONFER JURISDICTION
OF THE NEW YORK STATE EMPLOYMENT RELATIONS BOARD; (B) PROVIDE FOR
PARTICIPATION IN AN AGREEMENT FOR THE DESIGNATION OF COLLECTIVE BARGAIN-
ING UNDER SUBDIVISION ONE OF SECTION SEVEN HUNDRED FIVE OF THIS ARTICLE,
COMMONLY KNOWN AS CARD CHECK; AND (C) IMPOSE NO STRIKE PROVISIONS AS SET
FORTH IN SUBDIVISION TWO OF THIS SECTION. UPON EXECUTION OF SUCH AN
AGREEMENT BY BOTH PARTIES CONTAINING ALL OF THE PROVISIONS SET FORTH IN
THIS SUBDIVISION, THE AGREEMENT SHALL BE BINDING AND ENFORCEABLE AGAINST
BOTH PARTIES.
2. IT SHALL BE UNLAWFUL FOR THE EMPLOYEES OF A RESIDENTIAL FACILITY
FOR INDIVIDUALS WITH DISABILITIES LICENSED BY THE OFFICE OF MENTAL
RETARDATION AND DEVELOPMENTAL DISABILITIES OR THE OFFICE OF MENTAL
HEALTH, WHO HAVE ENTERED INTO AN AGREEMENT IN ACCORDANCE WITH SUBDIVI-
SION ONE OF THIS SECTION, OR THEIR REPRESENTATIVES, OR ANY OTHER PERSONS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02523-01-9
A. 610 2
TO ENGAGE IN OR TO INDUCE OR ENCOURAGE, OR TO ATTEMPT TO ENGAGE IN OR TO
INDUCE OR ENCOURAGE ANY STRIKE, WORK STOPPAGE, SLOWDOWN OR WITHHOLDING
OF GOODS OR SERVICES BY SUCH EMPLOYEES OR OTHER PERSONS AT SUCH RESIDEN-
TIAL FACILITY FOR INDIVIDUALS WITH DISABILITIES LICENSED BY THE OFFICE
OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR THE OFFICE OF
MENTAL HEALTH, PROVIDED, HOWEVER, THAT NOTHING IN THIS SECTION SHALL BE
CONSTRUED TO PROHIBIT PUBLICITY, OTHER THAN PICKETING, FOR THE PURPOSE
OF TRUTHFULLY ADVISING THE PUBLIC THAT A GRIEVANCE OR DISPUTE, AS
DEFINED IN SECTION SEVEN HUNDRED SIXTEEN OF THIS ARTICLE, EXISTS AT SUCH
RESIDENTIAL FACILITY FOR INDIVIDUALS WITH DISABILITIES LICENSED BY THE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR THE
OFFICE OF MENTAL HEALTH, AS LONG AS SUCH PUBLICITY DOES NOT HAVE THE
EFFECT OF INDUCING ANY PERSONS TO WITHHOLD GOODS OR SERVICES AT SUCH
RESIDENTIAL FACILITY FOR INDIVIDUALS WITH DISABILITIES LICENSED BY THE
OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES OR THE
OFFICE OF MENTAL HEALTH.
IT SHALL BE UNLAWFUL FOR A RESIDENTIAL FACILITY FOR INDIVIDUALS WITH
DISABILITIES LICENSED BY THE OFFICE OF MENTAL RETARDATION AND DEVELOP-
MENTAL DISABILITIES OR THE OFFICE OF MENTAL HEALTH TO INSTITUTE, DECLARE
OR CAUSE, OR TO ATTEMPT TO INSTITUTE, DECLARE OR CAUSE ANY LOCKOUT OF
THE EMPLOYEES OF SUCH RESIDENTIAL FACILITY FOR INDIVIDUALS WITH DISABIL-
ITIES LICENSED BY THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES OR THE OFFICE OF MENTAL HEALTH.
S 2. This act shall take effect immediately.