S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3256
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 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.
   § 2. Subdivisions 1, 2 and 3 of section 706 of the labor law, subdivi-
 sions 1 and 3 as added by chapter 443 of the laws of 1937, subdivision 2
 as amended by chapter 148 of the laws of 2013, 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 or its agent shall have the power to serve upon such employer
 OR STATE GRANT RECIPIENT a copy of the charge that was  filed  with  the
 board  and  a  notice  setting the date for the service and filing of an
 answer. Any such charge may be amended from time to time  prior  to  the
 issuance  of  an  order  based  thereon.  The  employer or the person so
 charged shall have the right to  file  an  answer  to  the  original  or
 amended charge and to appear in person or otherwise to give testimony at
 the place and time set by the board or its agent. In the discretion of a

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

                                                            LBD04756-01-9

 A. 3256                             2
 
 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.
   § 3. This act shall take effect immediately.