S T A T E O F N E W Y O R K
________________________________________________________________________
4950
2025-2026 Regular Sessions
I N A S S E M B L Y
February 10, 2025
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Labor
AN ACT to amend the labor law, in relation to employees covered under
certain provisions relating to laborers, workers or mechanics
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 8-d of section 220 of the labor law, as amended
by chapter 767 of the laws of 1984, is amended and a new subdivision 1-a
is added to read as follows:
1-A. ANY USE OF THE TERM "WORKMEN" IN THIS SECTION SHALL BE DEEMED TO
MEAN "WORKERS" AS USED IN THE DEFINITION UNDER PARAGRAPH (B) OF SUBDIVI-
SION 8-D OF THIS SECTION.
8-d. (A) 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, on behalf of the laborers, [work-
men] WORKERS or mechanics so represented. Such employee organization
shall be the sole and exclusive representative of such laborers, [work-
men] WORKERS or mechanics at any hearing pursuant to subdivision eight
herein, 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, [work-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08732-01-5
A. 4950 2
men] WORKERS or mechanics so represented for all purposes of subdivision
eight herein, 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 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.
(B) FOR THE PURPOSES OF THIS SECTION, THE PHRASE "LABORERS, WORKERS OR
MECHANICS" SHALL INCLUDE, BUT NOT BE LIMITED TO, EMPLOYEES OF A PUBLIC
PASSENGER FERRY SYSTEM EMPLOYED AS UNITED STATES COAST GUARD-LICENSED
OFFICERS OR IN ANY POSITION FOR WHICH A UNITED STATES COAST GUARD OFFI-
CER LICENSE, ENDORSEMENT OR CREDENTIAL IS REQUIRED BY LAW OR BY THE
RELEVANT CIVIL SERVICE JOB SPECIFICATIONS. SUCH LABORERS, WORKERS OR
MECHANICS, THROUGH THEIR EMPLOYEE ORGANIZATION(S), SHALL HAVE, AS AN
ALTERNATIVE TO PURSUING A PREVAILING RATE DETERMINATION FROM THE RELE-
VANT FISCAL OFFICER, THE RIGHT TO INVOKE AND PURSUE COLLECTIVE BARGAIN-
ING IMPASSE PROCEDURES AVAILABLE TO OTHER EMPLOYEES OF THEIR EMPLOYER,
AND SUCH LABORERS, WORKERS AND MECHANICS SHALL ALSO HAVE THE RIGHT TO
INVOKE AND PURSUE ANY ADMINISTRATIVE OR OTHER PROCEEDINGS, TO PURSUE
CHARGES OR OTHER TYPES OF CLAIMS OR COMPLAINTS, AND TO SEEK REMEDIES
THAT ARE AVAILABLE TO OTHER EMPLOYEES OF THEIR EMPLOYER PURSUANT TO ANY
RELEVANT LOCAL COLLECTIVE BARGAINING, CIVIL SERVICE, LABOR OR PERSONNEL
LAW, RULES OR REGULATIONS FOR THE RESOLUTION OR REMEDYING OF THE EMPLOY-
ER'S FAILURE TO BARGAIN IN GOOD FAITH OR OTHER UNFAIR OR IMPROPER LABOR
PRACTICES. ANY USE OF THE TERM "WORKMEN" IN THIS SECTION SHALL BE
DEEMED TO MEAN "WORKERS" AS USED IN THE DEFINITION UNDER THIS PARAGRAPH.
§ 2. This act shall take effect immediately.