Senate Bill S4973

2021-2022 Legislative Session

Protects call center workers from displacement in the event of a change of a call service contractor

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to labor
Feb 22, 2021	referred to labor

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2021-S4973 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Add Art 21-A §§780 - 783, Lab L

2021-S4973 (ACTIVE) - Summary

Protects call center workers from displacement in the event of a change of a call service contractor; requires successor call center contractors to retain former call center contractor employees for a specified period of time.

2021-S4973 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4973

SPONSOR: RAMOS
 
TITLE OF BILL:

An act to amend the labor law, in relation to avoiding displacement of
the call center workers providing call center services for the benefit
of the government in the event of a change of the contractor

 
PURPOSE:

This bill would protect workers who provide call center services under a
contract between their employer and a governmental entity from displace-
ment in the event that the contracting governmental body selects another
contractor to perform that work

 
SUMMARY OF PROVISIONS:

This bill adds new article 21-A to the labor law to require that succes-
sors to contracts with state and local governmental bodies providing for
call center services retain the employees of the predecessor contractor

for a trial period in which the employees may be evaluated for continued
employment.

 
JUSTIFICATION:

Some state and local governmental bodies in New York contract with
private sector employers for the provision of call center services for
the benefit of the government. The employees who perform this work
provide a valuable service to the state and its subdivisions.  Many are
not well-compensated for that work and may live with great anxiety about
their continued income.

Those governmental entities that contract for such services periodically
re-bid the work. The rebidding is often required by law and, in any
event, may be a sound fiscally prudent practice.

However, the re-bidding can be extremely detrimental to the employees
who do this work. Even though these may have become highly knowledgeable
and efficient in their work, they may be entirely displaced if the
successor contractor decides to use a different workforce. Call center
employees live in dread of this kind of displacement. There is no reason
why the state of New York and its subdivisions should themselves be the
architect of this unnecessary misery for working people.

This bill requires only that when political subdivisions of this state
decide to procure new contracts for call center services, they require
bidders to agree to retain the existing workforce for a period of 90
days during which the employees may demonstrate their fitness for the
job.

During the 90-day period, the employees may be dismissed only for cause.
At the conclusion of that period, the employee must be provided a writ-
ten evaluation and if the employee's service has been satisfactory, the
employee must be offered continued employment.

Similar laws providing for protection against this kind of displacement
have been enacted in many jurisdictions. See, e.g., Calif. Grocers Ass
'n v. City of Los Angeles 54 Cal. 4th 177, 254 P.3d 1019 (Cal. 2011)
(upholding a law that requires successor owner to retain grocery work-
ers); Rhode Island Hospitality Ass 'n v. City of Providence, 667 F.3d 17
(1st Cir. 2011) (upholding law that requires successor owner to retain
hospitality workers); Alcantara v.  Allied Properties, LLC, 334 F. Supp.
2d 336 (S.D.N.Y. 2004) (upholding New York City Displaced Building
Service Workers Act, a law that requires successor employers to retain
New York City building service workers); and Washington Service Contrac-
tors Coalition v. District of Columbia, 54 F.3d 811 (D.C. Cir. 1995)
(upholding a law that requires successor contractors to retain building
service workers).

The bill also requires that a successor contractor site the work within
a reasonable distance of the worksite that had previously been used for
the work. In determining whether the site proffered by a bidder meets
the reasonable accessibility standard, the governmental body contracting
for the services must consider the availability of public transportation
to retained call center employees and prevailing traffic patterns. A
site which is within ten miles of, or average travel time by public or
private transportation of not more than one-half hour from, the location
of the affected employees' former work facility shall be presumed to be
reasonably accessible unless unusual obstacles to access are present.
This requirement of "reasonably proximate" siting is necessary to ensure
that the offer of continued employment to the affected workers is a
meaningful one.  An offer of continued employment in some far distant
place is of no practical help to the call center workers.

The bill provides remedies to employees who are treated adversely in
violation of the requirements of this law, including the right to bring
a legal action for reinstatement, lost wages, liquidated damages and
attorneys' fees.

This bill is a just and equitable accommodation of two important govern-
mental interests: preserving the employment of workers who provide a
valuable service to the state and its subdivisions; and preserving peri-
odic rebidding of government contracts to ensure that management of
government services is done effectively.

 
PRIOR LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S4973 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4973
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2021
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- 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 avoiding  displacement  of
   the call center workers providing call center services for the benefit
   of the government in the event of a change of the contractor

   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-A  to
 read as follows:
 
                               ARTICLE 21-A
            PROTECTION OF CALL CENTER WORKERS FROM DISPLACEMENT
 SECTION 780. DEFINITIONS.
         781. TERMINATED CALL CENTER CONTRACT.
         782. ENTERING INTO A CALL CENTER CONTRACT.
         783. REMEDIES.
   §  780. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. CALL CENTER. THE TERM "CALL CENTER" MEANS A FACILITY OR OTHER OPER-
 ATION IN WHICH EMPLOYEES RECEIVE PHONE CALLS  OR  OTHER  COMMUNICATIONS,
 INCLUDING  ELECTRONIC  COMMUNICATIONS,  FOR  THE  PURPOSE  OF  PROVIDING
 CUSTOMER ASSISTANCE OR FOR RELATED SERVICES SUPPORTIVE OF BUSINESS PROC-
 ESSES.
   2. CALL CENTER CONTRACT. THE  TERM  "CALL  CENTER  CONTRACT"  MEANS  A
 CONTRACT  WITH A GOVERNMENTAL BODY, OR A SUBCONTRACT WITH AN ENTITY THAT
 HAS A CONTRACT WITH A GOVERNMENTAL BODY, PURSUANT TO WHICH THE  CONTRAC-
 TOR  FURNISHES  CALL CENTER SERVICES FOR THE BENEFIT OF THE GOVERNMENTAL
 BODY.
   3. GOVERNMENTAL BODY. THE TERM "GOVERNMENTAL BODY" MEANS THE STATE  OF
 NEW  YORK OR ANY POLITICAL SUBDIVISION THEREOF, AND ANY PUBLIC AUTHORITY
 OR PUBLIC BENEFIT CORPORATION IN THE STATE OF NEW YORK.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08893-01-1

 S. 4973                             2
 
   4. CALL CENTER EMPLOYEE. THE TERM "CALL  CENTER  EMPLOYEE"  MEANS  ANY
 PERSON  EMPLOYED  TO PERFORM CALL CENTER SERVICES WHO HAS BEEN REGULARLY
 ASSIGNED TO SUCH WORK FOR A CALL CENTER CONTRACTOR ON A  FULL  OR  PART-
 TIME  BASIS FOR AT LEAST NINETY DAYS, EXCEPT FOR: (I) PERSONS WHOSE WORK
 FOR  A  CALL CENTER IS MANAGERIAL OR SUPERVISORY; AND (II) PERSONS REGU-
 LARLY SCHEDULED TO WORK FEWER THAN FOUR HOURS  PER  WEEK  FOR  THE  CALL
 CENTER.
   5.  ENTITY. THE TERM "ENTITY" MEANS A PERSON, PARTNERSHIP, PROPRIETOR-
 SHIP, ASSOCIATION, LIMITED LIABILITY COMPANY, TRUST, CORPORATION,  FIRM,
 JOINT VENTURE OR ENTERPRISE OF ANY KIND.
   6.  CALL CENTER CONTRACTOR. THE TERM "CALL CENTER CONTRACTOR" MEANS AN
 ENTITY (I) THAT IS A PARTY TO A CALL CENTER CONTRACT, AND (II)  PROVIDES
 CALL  CENTER  SERVICES FOR THE BENEFIT OF A GOVERNMENTAL BODY, AND (III)
 EMPLOYS CALL CENTER EMPLOYEES OR ENGAGES A SUBCONTRACTOR OR OTHER ENTITY
 TO PERFORM SUCH CALL CENTER SERVICES  AND  THAT  ENTITY  EMPLOYEES  CALL
 CENTER EMPLOYEES.
   7.  TERMINATING  CALL  CENTER  CONTRACTOR.  THE TERM "TERMINATING CALL
 CENTER CONTRACTOR" MEANS AN ENTITY THAT HAS PROVIDED SERVICES AS A  CALL
 CENTER  CONTRACTOR  PURSUANT  TO  A  CALL CENTER CONTRACT WHICH IS BEING
 TERMINATED.
   8. FORMER  CALL  CENTER  CONTRACTOR.  THE  TERM  "FORMER  CALL  CENTER
 CONTRACTOR"  MEANS  AN  ENTITY  THAT  PROVIDED SERVICES AS A CALL CENTER
 CONTRACTOR PURSUANT TO A CALL CENTER CONTRACT WHICH HAS BEEN TERMINATED,
 AND AFTER TERMINATION  OF  THAT  CONTRACTOR,  A  SUCCESSOR  CALL  CENTER
 CONTRACTOR  HAS PERFORMED SOME OR ALL OF THE SAME SERVICES PURSUANT TO A
 CALL CENTER CONTRACT.
   9. SUCCESSOR CALL CENTER CONTRACTOR. THE TERM "SUCCESSOR  CALL  CENTER
 CONTRACTOR"  MEANS  AN  ENTITY  THAT,  PURSUANT TO A CALL CENTER SERVICE
 CONTRACT, SUCCEEDS TO THE PERFORMANCE OF CALL CENTER SERVICES PREVIOUSLY
 PERFORMED BY A TERMINATING CALL CENTER CONTRACTOR.
   § 781. TERMINATED CALL CENTER CONTRACT. 1. NO LESS THAN THIRTY  CALEN-
 DAR  DAYS  BEFORE TERMINATION OF A CALL CENTER CONTRACT IN CIRCUMSTANCES
 WHERE A SUCCESSOR CALL  CENTER  CONTRACTOR  WILL  UNDERTAKE  TO  PROVIDE
 SERVICES  THAT  WERE THE SUBJECT OF THE TERMINATING CONTRACT, THE TERMI-
 NATING CALL CENTER CONTRACTOR SHALL PROVIDE TO THE SUCCESSOR CALL CENTER
 CONTRACTOR A FULL AND ACCURATE LIST CONTAINING THE NAME,  ADDRESS,  DATE
 OF HIRE AND EMPLOYMENT CLASSIFICATION OF EACH CALL CENTER EMPLOYEE WHOSE
 WORK  INCLUDES  PROVIDING  CALL CENTER SERVICES THAT WERE THE SUBJECT OF
 THE TERMINATING CONTRACT. THE TERMINATING CALL CENTER  CONTRACTOR  SHALL
 SIMULTANEOUSLY  POST  THE  LIST IN A NOTICE TO THE CALL CENTER EMPLOYEES
 THAT ALSO SETS FORTH THE RIGHTS PROVIDED BY THIS  ARTICLE.  THE  POSTING
 SHALL  BE  IN  A  MANNER OR LOCATION REASONABLY CALCULATED TO BE SEEN BY
 AFFECTED EMPLOYEES. THE POSTING MAY BE ELECTRONIC, PROVIDED THAT  IF  IT
 IS ELECTRONIC, IT MUST BE DIRECTED TO EACH AFFECTED EMPLOYEE INDIVIDUAL-
 LY AND MAY NOT BE A GENERAL POSTING ON A WEBSITE. SUCH NOTICE SHALL ALSO
 BE  PROVIDED  TO THE EMPLOYEES' COLLECTIVE BARGAINING REPRESENTATIVE, IF
 ANY.
   2. UPON TERMINATION OF A CALL SERVICE  CONTRACT  IN  CIRCUMSTANCES  IN
 WHICH  SERVICES  PROVIDED  UNDER  SUCH  CONTRACT  WILL BE PERFORMED BY A
 SUCCESSOR CALL CENTER CONTRACTOR, THE SUCCESSOR CALL  CENTER  CONTRACTOR
 SHALL RETAIN THOSE CALL CENTER EMPLOYEES WHO PERFORMED SUCH SERVICES FOR
 THE  FORMER  CALL  CENTER CONTRACTOR SERVICE IMMEDIATELY PRIOR TO TERMI-
 NATION OF SUCH CONTRACT. SUCH EMPLOYEES SHALL BE RETAINED FOR A  NINETY-
 DAY TRANSITION EMPLOYMENT PERIOD.
   3. IF THE SUCCESSOR CALL CENTER CONTRACTOR IS OBLIGATED TO RETAIN CALL
 CENTER  EMPLOYEES PURSUANT TO SUBDIVISION TWO OF THIS SECTION BUT DETER-

 S. 4973                             3
 
 MINES THAT FEWER CALL CENTER  EMPLOYEES  ARE  REQUIRED  TO  PERFORM  THE
 SERVICES  THAT  ARE THE SUBJECT OF THE CONTRACT THAN HAD BEEN PERFORMING
 SUCH SERVICES BY THE FORMER CALL CENTER CONTRACTOR, THE  SUCCESSOR  CALL
 CENTER CONTRACTOR SHALL FILL THE POSITIONS THAT IT DETERMINES ARE NEEDED
 WITH  THE  CALL  CENTER EMPLOYEES WITH THE GREATEST SENIORITY WITHIN JOB
 CLASSIFICATION; PROVIDED, HOWEVER, THAT DURING THE NINETY-DAY TRANSITION
 PERIOD, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL MAINTAIN A  PREFEREN-
 TIAL  HIRING LIST OF THOSE CALL CENTER EMPLOYEES NOT RETAINED, AND THOSE
 CALL CENTER EMPLOYEES ON THE PREFERENTIAL HIRING LIST SHALL BE  GIVEN  A
 RIGHT  OF  FIRST  REFUSAL  TO ANY JOBS WITHIN THEIR CLASSIFICATIONS THAT
 BECOME AVAILABLE DURING SUCH PERIOD.
   4. EXCEPT AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION, DURING THE
 NINETY-DAY TRANSITION PERIOD, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL
 NOT DISCHARGE WITHOUT CAUSE A CALL CENTER EMPLOYEE RETAINED PURSUANT  TO
 THIS ARTICLE.
   5.  AT THE END OF THE NINETY-DAY TRANSITION PERIOD, THE SUCCESSOR CALL
 CENTER CONTRACTOR SHALL PERFORM A  WRITTEN  PERFORMANCE  EVALUATION  FOR
 EACH  CALL  CENTER  EMPLOYEE  RETAINED PURSUANT TO THIS ARTICLE. IF SUCH
 EMPLOYEE'S PERFORMANCE DURING THE NINETY-DAY TRANSITION PERIOD IS SATIS-
 FACTORY, THE SUCCESSOR CALL CENTER CONTRACTOR SHALL OFFER SUCH  EMPLOYEE
 CONTINUED EMPLOYMENT.
   6.  IF THE SUCCESSOR CALL CENTER CONTRACTOR ENGAGES A SUBCONTRACTOR OR
 OTHER ENTITY TO PERFORM CALL CENTER SERVICES PROVIDED FOR IN A SUCCESSOR
 CALL CENTER  CONTRACT,  THAT  SUCCESSOR  CALL  CENTER  CONTRACTOR  SHALL
 REQUIRE  THE SUBCONTRACTOR OR OTHER ENTITY TO ADHERE TO ALL OF THE OBLI-
 GATIONS OF THIS ARTICLE.
   § 782. ENTERING INTO A CALL CENTER CONTRACT.  1.  WHENEVER  A  GOVERN-
 MENTAL BODY SHALL UNDERTAKE TO PROCURE CALL CENTER SERVICES USING A CALL
 CENTER  CONTRACTOR,  THE  GOVERNMENTAL  BODY  SHALL ENSURE THAT THE CALL
 CENTER CONTRACT WITH SUCH ENTITY INCLUDES THE OBLIGATIONS SET  FORTH  IN
 THIS  ARTICLE, INCLUDING, WHERE APPLICABLE, THE CALL CENTER CONTRACTOR'S
 OBLIGATION TO RETAIN CALL CENTER EMPLOYEES OF  THE  FORMER  CALL  CENTER
 CONTRACTOR.  THE  OBLIGATION  TO  RETAIN  THE  TERMINATING  CALL  CENTER
 CONTRACTOR'S EMPLOYEES SHALL BE INCLUDED IN  THE  CALL  CENTER  CONTRACT
 IRRESPECTIVE   OF  WHETHER  THE  TERMINATING  CALL  CENTER  CONTRACTOR'S
 CONTRACT INCLUDED THE OBLIGATIONS SET FORTH IN THIS ARTICLE. SUCH  OBLI-
 GATIONS  SHALL BE SET FORTH IN REQUESTS FOR PROPOSALS OR OTHER SOLICITA-
 TIONS AND, IN ANY EVENT, SHALL BE INCLUDED IN EACH CALL CENTER CONTRACT.
 WHETHER OR NOT THE PROVISIONS ARE INCLUDED IN SUCH CONTRACT,  THE  OBLI-
 GATIONS  OF  THIS  ARTICLE  SHALL  APPLY  TO  THE  SUCCESSOR CALL CENTER
 CONTRACTOR WHENEVER SUCH CONTRACTOR BEGINS PERFORMANCE  ON  A  SUCCESSOR
 CALL CENTER CONTRACT AFTER THE EFFECTIVE DATE OF THIS ARTICLE.
   2. IN CIRCUMSTANCES IN WHICH CALL CENTER SERVICES HAD THERETOFORE BEEN
 PERFORMED BY CALL CENTER EMPLOYEES PURSUANT TO A CALL CENTER CONTRACT, A
 GOVERNMENTAL  BODY  INTENDING  TO  ENTER  INTO  A  SUCCESSOR CALL CENTER
 SERVICE CONTRACT SHALL REQUIRE ANY ENTITY SEEKING  TO  ENTER  INTO  SUCH
 CONTRACT TO DEMONSTRATE THAT IT WILL ESTABLISH THE SITE FOR ITS PERFORM-
 ANCE  IN  A LOCATION WHICH IS REASONABLY ACCESSIBLE TO THE EMPLOYEES WHO
 HAVE BEEN PERFORMING SUCH SERVICES PRIOR TO THE SOLICITATION OF BIDS FOR
 A SUCCESSOR CALL CENTER CONTRACT. IN DETERMINING WHETHER THE SITE  PROF-
 FERED  BY  A  BIDDER  MEETS  THE  REASONABLE ACCESSIBILITY STANDARD, THE
 GOVERNMENTAL BODY SHALL CONSIDER THE AVAILABILITY OF PUBLIC  TRANSPORTA-
 TION  TO  RETAINED CALL CENTER EMPLOYEES AND PREVAILING TRAFFIC PATTERNS
 IN AND AROUND THE PROPOSED SITE. A SITE WHICH IS WITHIN TEN MILES OF, OR
 AVERAGE TRAVEL TIME BY PUBLIC OR PRIVATE TRANSPORTATION OF NOT MORE THAN
 ONE-HALF HOUR FROM, THE LOCATION OF THE AFFECTED EMPLOYEES' WORK FACILI-

 S. 4973                             4
 
 TY WHEN EMPLOYED BY THE FORMER CALL CENTER CONTRACTOR SHALL BE  PRESUMED
 TO BE REASONABLY ACCESSIBLE UNLESS UNUSUAL OBSTACLES TO ACCESS ARE PRES-
 ENT.
   §  783. REMEDIES. 1. A CALL CENTER EMPLOYEE WHO HAS BEEN DISCHARGED OR
 NOT RETAINED IN VIOLATION OF THIS ARTICLE MAY BRING AN ACTION IN SUPREME
 COURT AGAINST A FORMER CALL CENTER CONTRACTOR OR SUCCESSOR  CALL  CENTER
 CONTRACTOR,  INCLUDING  ITS  SUBCONTRACTORS,  OR  IN APPROPRIATE CIRCUM-
 STANCES, AGAINST BOTH, FOR VIOLATION OF ANY OBLIGATION IMPOSED  PURSUANT
 TO THIS ARTICLE.
   2.  THE  COURT SHALL HAVE AUTHORITY TO ORDER PRELIMINARY AND PERMANENT
 EQUITABLE RELIEF, INCLUDING, BUT NOT LIMITED TO,  REINSTATEMENT  OF  ANY
 EMPLOYEE  WHO  HAS  BEEN DISCHARGED OR NOT RETAINED IN VIOLATION OF THIS
 ARTICLE.
   3. IF THE COURT FINDS THAT A CALL CENTER EMPLOYEE HAS BEEN  DISCHARGED
 OR  NOT  RETAINED IN VIOLATION OF THIS ARTICLE, THE COURT SHALL AWARD TO
 THE EMPLOYEE:
   (A) BACK PAY, AND AN EQUAL AMOUNT AS LIQUIDATED DAMAGES, FOR EACH  DAY
 DURING  WHICH  THE  VIOLATION  CONTINUES, WHICH SHALL BE CALCULATED AT A
 RATE OF COMPENSATION NOT LESS THAN THE HIGHER OF: (I) THE AVERAGE  REGU-
 LAR  RATE  OF  PAY RECEIVED BY THE EMPLOYEE DURING THE SIX MONTHS OF THE
 EMPLOYEE'S EMPLOYMENT IN THE SAME OCCUPATION CLASSIFICATION; OR (II) THE
 FINAL REGULAR RATE RECEIVED BY THE EMPLOYEE. BACK PAY SHALL APPLY TO THE
 PERIOD COMMENCING WITH THE DATE OF THE  DISCHARGE  OR  REFUSAL-TO-RETAIN
 SUCH  EMPLOYEE THROUGH THE EFFECTIVE DATE OF ANY OFFER OF INSTATEMENT OR
 REINSTATEMENT OF SUCH EMPLOYEE; AND
   (B) COSTS OF BENEFITS THE FORMER CALL CENTER CONTRACTOR  OR  SUCCESSOR
 CALL  CENTER  CONTRACTOR WOULD HAVE INCURRED FOR THE EMPLOYEE UNDER SUCH
 EMPLOYEE'S BENEFIT PLAN; AND
   (C) THE EMPLOYEE'S REASONABLE ATTORNEY'S FEES AND COSTS.
   4. IN ANY SUCH ACTION, THE COURT SHALL HAVE  AUTHORITY  TO  ORDER  THE
 FORMER  CALL  CENTER CONTRACTOR OR THE SUCCESSOR CALL CENTER CONTRACTOR,
 AS APPLICABLE, TO PROVIDE ANY  INFORMATION  REQUIRED  PURSUANT  TO  THIS
 ARTICLE.
   5. (A) THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY SUCCESSOR
 CALL CENTER CONTRACTOR THAT, ON OR BEFORE THE EFFECTIVE DATE OF A TERMI-
 NATION  OF  A CALL CENTER CONTRACT, AGREES TO ASSUME, OR TO BE BOUND BY,
 THE COLLECTIVE BARGAINING AGREEMENT OF THE FORMER CALL  CENTER  CONTRAC-
 TOR,  PROVIDED  THAT  THE COLLECTIVE BARGAINING AGREEMENT PROVIDES TERMS
 AND CONDITIONS FOR THE DISCHARGE OR LAYING OFF OF EMPLOYEES THAT ARE  AT
 LEAST  AS  PROTECTIVE OF EMPLOYEE RIGHTS AS THOSE PROVIDED IN THIS ARTI-
 CLE; AND
   (B) THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY  TO  ANY  SUCCESSOR
 CALL CENTER CONTRACTOR WHOSE CALL CENTER EMPLOYEES WILL BE ASSIGNED TO A
 BARGAINING  UNIT  WITH  A  PRE-EXISTING COLLECTIVE BARGAINING AGREEMENT,
 PROVIDED THAT THE COLLECTIVE BARGAINING  AGREEMENT  PROVIDES  TERMS  AND
 CONDITIONS  FOR  THE  DISCHARGE  OR  LAYING OFF OF EMPLOYEES THAT ARE AT
 LEAST AS PROTECTIVE OF EMPLOYEE RIGHTS AS THOSE PROVIDED IN  THIS  ARTI-
 CLE; AND
   (C)  THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY FORMER CALL
 CENTER CONTRACTOR THAT OBTAINS A WRITTEN  COMMITMENT  FROM  A  SUCCESSOR
 CALL  CENTER CONTRACTOR THAT THE SUCCESSOR CALL CENTER CONTRACTOR'S CALL
 CENTER EMPLOYEES WILL BE COVERED BY A  COLLECTIVE  BARGAINING  AGREEMENT
 THAT  PROVIDES  TERMS  AND CONDITIONS FOR THE DISCHARGE OR LAYING OFF OF
 EMPLOYEES THAT ARE AT LEAST AS PROTECTIVE OF EMPLOYEE  RIGHTS  AS  THOSE
 PROVIDED IN THIS ARTICLE.

 S. 4973                             5
 
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section  or  part  of  this act shall be adjudged by any court of
 competent jurisdiction to be invalid, such judgment  shall  not  affect,
 impair,  or  invalidate  the remainder thereof, but shall be confined in
 its  operation  to the clause, sentence, paragraph, subdivision, section
 or part thereof directly involved in the controversy in which such judg-
 ment shall have been rendered. It is hereby declared to be the intent of
 the legislature that this act would  have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   § 3. This act shall take effect immediately.

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Senate Bill S4973

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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co-Sponsors

2021-S4973 (ACTIVE) - Details

2021-S4973 (ACTIVE) - Summary

2021-S4973 (ACTIVE) - Sponsor Memo

2021-S4973 (ACTIVE) - Bill Text download pdf

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Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

co-Sponsors

2021-S4973 (ACTIVE) - Details

2021-S4973 (ACTIVE) - Summary

2021-S4973 (ACTIVE) - Sponsor Memo

2021-S4973 (ACTIVE) - Bill Text download pdf

Comments