BILL NUMBER:  S6627

 TITLE OF BILL :
An act to amend the civil service law, in relation to the status of
subsidized public sector employment program workers under the public
employees' fair employment act


 PURPOSE :
This bill provides that participants in subsidized public sector
employment programs such as the Work Experience Program (WEP) shall
have substantially the same status under the Taylor Law as other
employees.

 SUMMARY OF PROVISIONS :
Section 1 adds a new paragraph (h) to subdivision 7 of §201 of the
Civil Service Law to deem that the term "public employee" includes
participants in subsidized public sector employment programs, and
provides that such participants shall be treated as members of the
appropriate bargaining unit of the employees of the program sponsor.

 JUSTIFICATION :
One of the purposes of welfare reform was to transform public
assistance recipients into working, contributing members of our
society. In order to accomplish this goal, it is essential that
recipients be treated the same as other workers in terms of wages,
              

benefits and labor laws, including the right to organize and join
unions. Unfortunately, some municipalities that employ recipients in a
workfare program view them as a source of cheap labor. These workers
are often provided with inferior wages and working conditions and no
benefits. Participants from New York City's work experience program
(WEP) have shared their concerns with legislators, which included the
denial of such basic protections as gloves while removing garbage for
the City.

WEP workers have had to resort to the courts to obtain equal
treatment. The courts have agreed that they must be treated equally.
In Brukhman v. Giuliani, the New York County Supreme Court ruled that
WEP workers must be paid the same prevailing wage that New York City
pays its employees for similar work. Earlier that year, the Court
ruled in Davila v. Hammons that New York City must evaluate the skills
and educational levels of workfare recipients before randomly placing
them into positions where they were not even paid minimum wages or
benefits. This bill will provide workfare recipients with the same
rights as other public employees. Establishing their rights by law
will eliminate the need to seek judicial relief when they are treated
unequally.

 LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect on the one hundred twentieth day after it
shall have become a law; provided that the state civil service
commission is authorized to promulgate any and all rules and
regulations and take any other measures necessary to implement this
act on its effective date on or before such date.