Assembly Bill A2123

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

                                  2123

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2009
                               ___________

Introduced  by  M. of A. JOHN, NOLAN, COLTON -- Multi-Sponsored by -- M.
  of A. DESTITO -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to designating as  an  unfair
  labor  practice  and  prohibiting the use of public funds to engage in
  activities intended to influence the outcome of a union representation
  election or intended to prevent or to influence the outcome  of  other
  concerted employment-related activity pursuant to rights granted under
  federal or state law

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

  Section 1. Subdivision 11 of section 704 of the labor law, as added by
chapter 563 of the laws of 1998, is amended to read as follows:
  11. To utilize any state OR OTHER PUBLIC funding appropriated for  any
purpose to train managers, supervisors or other administrative personnel
regarding  methods to discourage union organization, or to discourage an
employee from participating in a union organizing drive, OR TO ENGAGE IN
ANY OTHER ACTIVITY INTENDED TO INFLUENCE THE OUTCOME OF A  UNION  REPRE-
SENTATION ELECTION OR INTENDED TO PREVENT OR TO INFLUENCE THE OUTCOME OF
ANY  CONCERTED EMPLOYMENT-RELATED ACTIVITY UNDERTAKEN PURSUANT TO RIGHTS
GRANTED UNDER FEDERAL OR STATE LAW.
  S 2. Subdivision 3 of section 706 of the labor law, as added by  chap-
ter 443 of the laws of 1937, is amended to read as follows:
  3.  The testimony taken at the hearing shall be reduced to writing and
filed with the board. Thereafter, in  its  discretion,  the  board  upon
notice  may  take  further  testimony  or hear argument. If upon all the
testimony taken the  board  shall  determine  that  the  respondent  has
engaged  in or is engaging in any unfair labor practice, the board shall
state its findings of fact and shall issue and cause  to  be  served  on
such  respondent  an order requiring such respondent to cease and desist
from such unfair labor practice, and to take such further affirmative or
other action as will effectuate the policies of this article, including,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04151-01-9
              

A. 2123                             2

but not limited to (a) withdrawal of  recognition  from  and  refraining
from  bargaining  collectively with any employee organization or associ-
ation, agency or plan defined in this article  as  a  company  union  or
established,  maintained or assisted by any action defined in this arti-
cle as an unfair labor practice; (b) awarding of  back  pay;  (c)  rein-
statement with or without back pay of any employee discriminated against
in  violation  of section seven hundred four OF THIS ARTICLE, or mainte-
nance of a preferential list from which such employee shall be  returned
to  work;  (d)  reinstatement  with or without back pay of all employees
whose work has ceased or whose  return  to  work  has  been  delayed  or
prevented  as the result of the aforementioned or any other unfair labor
practice in respect to any employee or employees  or  maintenance  of  a
preferential  list  from which such employees shall be returned to work;
AND (E) IN INSTANCES WHERE THE BOARD HAS DETERMINED THAT THE  RESPONDENT
HAS  ENGAGED IN OR IS ENGAGING IN AN UNFAIR LABOR PRACTICE AS DEFINED IN
SUBDIVISION ELEVEN OF SECTION SEVEN HUNDRED FOUR OF THIS ARTICLE, RESTI-
TUTION OF THE FUNDS USED IN CONNECTION WITH SUCH UNFAIR  LABOR  PRACTICE
TO THE APPROPRIATING AGENCY.  Such order may further require such person
to  make reports from time to time showing the extent to which the order
has been complied with. If upon all the testimony the board shall be  of
the  opinion  that the person or persons named in the complaint have not
engaged in or are not engaging in any such unfair labor  practice,  then
the  board  shall  make  its  findings  of fact and shall issue an order
dismissing the complaint.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law, except that any  rules
and  regulations  necessary or convenient to implement the provisions of
this act on its effective date may be  promulgated  on  or  before  such
date.