S T A T E O F N E W Y O R K
________________________________________________________________________
3407
2011-2012 Regular Sessions
I N A S S E M B L Y
January 25, 2011
___________
Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Labor
AN ACT to amend the labor law, in relation to extending the application
of the New York state labor relations act to state grant recipients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 701 of the labor law is amended by adding a new
subdivision 13 to read as follows:
13. THE TERM "STATE GRANT RECIPIENT" MEANS ANY PERSON OR ORGANIZATION
RECEIVING STATE GRANT FUNDS, INCLUDING ECONOMIC DEVELOPMENT GRANTS, AND
ACTING IN THE CAPACITY OF AN EMPLOYER AS DEFINED IN SUBDIVISION TWO OF
THIS SECTION.
S 2. Subdivisions 1, 2 and 3 of section 706 of the labor law, as added
by chapter 443 of the laws of 1937, are amended to read as follows:
1. The board is empowered and directed, as hereinafter provided, to
prevent any employer OR STATE GRANT RECIPIENT from engaging in any
unfair labor practice. This power shall not be affected or impaired by
any means of adjustment, mediation or conciliation in labor disputes
that have been or may hereafter be established by law.
2. Whenever a charge has been made that any employer OR STATE GRANT
RECIPIENT has engaged in or is engaging in any unfair labor practice,
the board shall have power to issue and cause to be served upon such
employer OR STATE GRANT RECIPIENT a 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 serv-
ing of said complaint. Any such complaint may be amended by the board
or its agent conducting the hearing at any time prior to the issuance of
an order based thereon. The person so complained of shall have the
right to file an answer to the original or amended 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03061-01-1
A. 3407 2
time set 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. 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,
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.
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 engag-
ing in any such unfair labor practice, then the board shall make its
findings of fact and shall issue an order dismissing the complaint. UPON
A SHOWING OF A SECOND OR SUBSEQUENT VIOLATION BY A STATE GRANT RECIPI-
ENT, THE BOARD MAY, IN ITS DISCRETION, RECOMMEND TO THE CONTRACTING
STATE AGENCY CANCELLATION OF REMAINING STATE PAYMENTS TO SUCH STATE
GRANT RECIPIENT ON ANY STATE GRANT OR ECONOMIC DEVELOPMENT GRANT. THE
CONTRACTING STATE AGENCY MAY, UPON SUCH A RECOMMENDATION BY THE BOARD,
LAWFULLY CANCEL PAYMENTS TO SUCH STATE GRANT RECIPIENT.
S 3. This act shall take effect immediately.