Assembly Bill A10036

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

                                  10036

                          I N  A S S E M B L Y

                               May 2, 2012
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Labor

AN ACT to amend the labor law, in relation to enacting  the  "prevailing
  wage protection and restoration act"

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "prevailing wage protection and restoration act".
  S  2.  Subdivision  8-d of section 220 of the labor law, as amended by
chapter 767 of the laws of 1984, is amended to read as follows:
  8-d. Notwithstanding any inconsistent provision of this chapter or  of
any  other  law,  in  a city of one million or more, where a majority of
laborers, [workmen] WORKERS or mechanics in a particular  civil  service
title  are  members of an employee organization which has been certified
or recognized to represent them pursuant to the  provisions  of  article
fourteen of the civil service law or a local law enacted thereunder, the
public employer and such employee organization shall in good faith nego-
tiate  and  enter into a written agreement with respect to the wages and
supplements of the laborers,  [workmen]  WORKERS  or  mechanics  in  the
title.  If  the  parties fail to achieve an agreement, only the employee
organization shall be authorized to file  a  single  verified  complaint
pursuant to subdivision seven [herein] OF THIS SECTION, on behalf of the
laborers,  [workmen]  WORKERS or mechanics so represented. Such employee
organization shall be the sole  and  exclusive  representative  of  such
laborers,  [workmen]  WORKERS  or  mechanics  at any hearing pursuant to
subdivision eight [herein] OF  THIS  SECTION,  and  shall  be  the  sole
complainant in the proceeding for all purposes therein, including review
pursuant  to  article seventy-eight of the civil practice law and rules.
Service by the fiscal officer on  the  employee  organization  shall  be
sufficient  notice  to  the  laborers, [workmen] WORKERS or mechanics so
represented for all purposes  of  subdivision  eight  [herein]  OF  THIS
SECTION,  except that the issuance and enforcement of subpoenas shall be
regulated by the civil practice law and rules. Any order, compromise, or
settlement determining the issues raised upon such a  proceeding,  which

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

                                                           LBD15407-02-2

A. 10036                            2

has  not been taken up for review by the employee organization, shall be
binding upon the laborers, [workmen] WORKERS or mechanics represented by
the employee organization. Nothing herein shall be  construed  to  limit
the  rights of any laborer, [workman] WORKER or mechanic who has on file
a verified complaint prior to the effective date  of  this  subdivision.
THIS  SECTION  SHALL  APPLY IRRESPECTIVE OF ANY ACTION TAKEN PURSUANT TO
THE PROVISIONS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW OR  A  LOCAL
LAW  OR  ORDER  ENACTED OR ADOPTED THEREUNDER TO ANY EMPLOYEE IN A TITLE
WHERE THE PROVISIONS OF THIS SECTION HAVE BEEN PREVIOUSLY APPLIED BY THE
FISCAL OFFICER AS OF APRIL FIRST, TWO THOUSAND TWELVE.
  S 3. This act shall take effect immediately.