S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3191
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to  reporting  of  persuasion
   activities relating to the right to organize and bargain collectively
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The labor law is amended by adding a new article 21 to read
 as follows:
                                ARTICLE 21
                 EMPLOYEE ORGANIZING PERSUASION DISCLOSURE
 SECTION 750. REPORTING OF PERSUASION ACTIVITIES.
         751. RECEIPTS AND DISBURSEMENT REPORT.
         752. REPORTING EXEMPTIONS.
         753. PENALTIES.
         754. SEVERABILITY.
   § 750. REPORTING OF PERSUASION ACTIVITIES. 1. EVERY EMPLOYER WHO HIRES
 OR CONTRACTS WITH A PERSON WHO AS A DIRECT  OR  INDIRECT  PARTY  TO  ANY
 AGREEMENT  OR  ARRANGEMENT WITH AN EMPLOYER UNDERTAKES, PURSUANT TO SUCH
 AGREEMENT OR ARRANGEMENT, ANY ACTIVITIES WHERE  AN  OBJECT  THEREOF  IS,
 DIRECTLY  OR INDIRECTLY, (A) TO PERSUADE EMPLOYEES TO EXERCISE OR NOT TO
 EXERCISE, OR TO PERSUADE EMPLOYEES AS TO THE MANNER OF  EXERCISING,  THE
 RIGHT  TO  ORGANIZE  AND BARGAIN COLLECTIVELY THROUGH REPRESENTATIVES OF
 THEIR OWN CHOOSING; OR, (B)  TO  SUPPLY  AN  EMPLOYER  WITH  INFORMATION
 CONCERNING  THE  ACTIVITIES  OF  EMPLOYEES  OR  A  LABOR ORGANIZATION IN
 CONNECTION WITH A LABOR DISPUTE INVOLVING SUCH EMPLOYER, EXCEPT INFORMA-
 TION FOR USE SOLELY IN CONJUNCTION WITH AN  ADMINISTRATIVE  OR  ARBITRAL
 PROCEEDING  OR  A  CRIMINAL  OR  CIVIL JUDICIAL PROCEEDING; SHALL FILE A
 REPORT WITH THE COMMISSIONER IN A  MANNER  PRESCRIBED  BY  THIS  ARTICLE
 DISCLOSING THE NATURE OF SUCH AGREEMENT.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04097-01-9

              

 S. 3191                             2
 
   2.  THE  REPORT  REQUIRED BY THIS SECTION SHALL BE FILED WITHIN THIRTY
 DAYS AFTER ENTERING  INTO  AN  AGREEMENT  OR  ARRANGEMENT  OF  THE  TYPE
 DESCRIBED IN THIS SECTION.
   3.  IF THERE IS ANY CHANGE IN THE INFORMATION REPORTED WITHIN SUBDIVI-
 SION TWO OF THIS SECTION, AN  AMENDED  REPORT  SHALL  BE  FILED  BY  THE
 EMPLOYER WITHIN THIRTY DAYS OF THE CHANGE.
   § 751. RECEIPTS AND DISBURSEMENT REPORT. EVERY PERSON WHO, AS A DIRECT
 OR INDIRECT PARTY TO ANY AGREEMENT OR ARRANGEMENT, UNDERTAKES ANY ACTIV-
 ITIES OF THE TYPE DESCRIBED IN SECTION SEVEN HUNDRED FIFTY OF THIS ARTI-
 CLE  PURSUANT  TO  SUCH AGREEMENT OR ARRANGEMENT AND WHO, AS A RESULT OF
 SUCH AGREEMENT OR ARRANGEMENT MADE OR RECEIVED ANY  PAYMENT  DURING  THE
 PREVIOUS  CALENDAR  YEAR SHALL FILE A REPORT WITH THE COMMISSIONER.  THE
 REPORT SHALL BE FILED WITHIN NINETY DAYS AFTER THE END OF  THE  CALENDAR
 YEAR.
   §  752.  REPORTING  EXEMPTIONS.  1.  NOTHING CONTAINED IN THIS ARTICLE
 SHALL BE CONSTRUED TO REQUIRE ANY PERSON TO FILE  A  REPORT  UNDER  THIS
 ARTICLE  UNLESS HE OR SHE WAS A DIRECT OR INDIRECT PARTY TO AN AGREEMENT
 OR ARRANGEMENT OF THE KIND DESCRIBED IN THIS ARTICLE.
   2. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY
 PERSON TO FILE A REPORT COVERING THE SERVICES  OF  SUCH  PERSON,  UNLESS
 DIRECTLY  CONNECTED TO THE ACTIVITIES DESCRIBED IN SECTION SEVEN HUNDRED
 FIFTY-ONE OF THIS ARTICLE, BY REASON OF HIS OR HER:
   (A) GIVING OR AGREEING TO GIVE ADVICE TO AN EMPLOYER; OR
   (B) REPRESENTING OR AGREEING  TO  REPRESENT  AN  EMPLOYER  BEFORE  ANY
 COURT, ADMINISTRATIVE AGENCY, OR TRIBUNAL OF ARBITRATION; OR
   (C)  ENGAGING OR AGREEING TO ENGAGE IN COLLECTIVE BARGAINING ON BEHALF
 OF AN EMPLOYER WITH RESPECT TO WAGES, HOURS, OR OTHER  TERMS  OR  CONDI-
 TIONS  OF  EMPLOYMENT OR THE NEGOTIATION OF AN AGREEMENT OR ANY QUESTION
 ARISING THEREUNDER.
   3. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY
 REGULAR OFFICER, OR  EMPLOYEE  OF  AN  EMPLOYER  TO  FILE  A  REPORT  IN
 CONNECTION WITH SERVICES RENDERED AS SUCH REGULAR OFFICER, SUPERVISOR OR
 EMPLOYEE TO SUCH EMPLOYER; OR AN ATTORNEY WHO IS A MEMBER IN GOOD STAND-
 ING  OF  THE  BAR  OF ANY STATE, TO INCLUDE IN ANY REPORT REQUIRED TO BE
 FILED PURSUANT TO THE PROVISIONS OF THIS ARTICLE ANY  INFORMATION  WHICH
 WAS  LAWFULLY COMMUNICATED TO SUCH ATTORNEY BY ANY OF HIS OR HER CLIENTS
 IN THE COURSE OF A LEGITIMATE ATTORNEY-CLIENT RELATIONSHIP.
   § 753. PENALTIES. 1. ANY PERSON REQUIRED UNDER SECTION  SEVEN  HUNDRED
 FIFTY  OR  SEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE WHO FAILS TO PROPERLY
 DISCLOSE INFORMATION AS REQUIRED AND IN A MANNER SPECIFIED BY THIS ARTI-
 CLE SHALL BE SUBJECT TO CIVIL PENALTIES TO BE ENFORCED  BY  THE  COMMIS-
 SIONER PROVIDED UNDER THIS SECTION.
   (A)  THE CIVIL PENALTIES SET FORTH IN THIS SECTION SHALL BE IMPOSED AS
 FOLLOWS: FIVE THOUSAND DOLLARS FOR THE  FIRST  VIOLATION;  TEN  THOUSAND
 DOLLARS  FOR  A  SECOND  VIOLATION; AND TWENTY-FIVE THOUSAND DOLLARS FOR
 EACH VIOLATION THEREAFTER.
   (B) A PERSON WHO WILLFULLY VIOLATES THIS ARTICLE SHALL BE SUBJECT TO A
 CIVIL PENALTY  OF  UP  TO  TWENTY-FIVE  THOUSAND  DOLLARS  FOR  A  FIRST
 VIOLATION AND FIFTY-THOUSAND DOLLARS FOR EVERY VIOLATION THEREAFTER. FOR
 PURPOSES  OF  THIS PARAGRAPH, THE TERM "WILLFULLY VIOLATES" SHALL MEAN A
 PERSON KNEW OR SHOULD HAVE KNOWN THAT HIS OR HER CONDUCT WAS  PROHIBITED
 BY THIS ARTICLE.
   2.  ANY PENALTIES IMPOSED UNDER THIS SECTION BY THE COMMISSIONER SHALL
 BE APPEALABLE TO THE INDUSTRIAL BOARD  OF  APPEALS  IN  ACCORDANCE  WITH
 ARTICLE THREE OF THIS CHAPTER.

 S. 3191                             3
 
   3. NOTHING IN THIS SECTION SHALL LIMIT THE AVAILABILITY OF OTHER REME-
 DIES  AT LAW OR IN EQUITY FOR A VIOLATION OF THIS ARTICLE; AND THE CIVIL
 PENALTY PROVIDED FOR IN THIS SECTION SHALL BE IN ADDITION TO AND MAY  BE
 IMPOSED  CONCURRENTLY  WITH  ANY OTHER REMEDY OR PENALTY PROVIDED FOR IN
 THIS CHAPTER.
   4.  ANY  FEE OR PENALTY ASSESSED FOR A VIOLATION OF THIS ARTICLE SHALL
 BE DEPOSITED INTO THE DEPARTMENT'S FEE AND PENALTY ACCOUNT.
   § 754. SEVERABILITY. IF ANY WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH,
 SECTION, OR PART OF THIS ARTICLE  OR  THE  APPLICATION  THEREOF  TO  ANY
 PERSON  OR  CIRCUMSTANCES SHALL BE ADJUDGED INVALID BY A COURT OF COMPE-
 TENT JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE CONFINED IN ITS OPER-
 ATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND SHALL NOT  AFFECT
 OR  INVALIDATE  THE  REMAINDER OF THIS ARTICLE, BUT SHALL BE CONFINED IN
 ITS OPERATION TO THE WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SECTION,
 OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
 MENT SHALL HAVE BEEN RENDERED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.