Assembly Bill A8512

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8512
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the  labor  law,  in  relation  to  securing  collective
   bargaining agreement validity during a change in operator or ownership
 
   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 section  706-a  to
 read as follows:
   §  706-A.  PREVENTION  OF  UNFAIR LABOR PRACTICES IN TRANSFER OF OPER-
 ATIONS.  1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "OWNER" SHALL MEAN THE ENTITY THAT HOLDS LEGAL TITLE TO THE PROP-
 ERTY OR FACILITY, INCLUDING ANY PARENT OR AFFILIATED COMPANIES.
   (B) "OPERATOR" SHALL MEAN THE ENTITY RESPONSIBLE  FOR  THE  DAY-TO-DAY
 MANAGEMENT  AND  OPERATION OF THE PROPERTY OR FACILITY, WHICH MAY OR MAY
 NOT BE THE OWNER.
   (C) "SUCCESSOR OPERATOR" SHALL MEAN A PERSON, COMPANY, OR ENTITY  THAT
 ACQUIRES  A  PROPERTY  OR  OPERATION OF AN EXISTING FACILITY, WHETHER BY
 SALE, TRANSFER, LEASE, TAKEOVER, ASSIGNMENT, REORGANIZATION,  BANKRUPTCY
 PROCEEDING, OR OTHER MEANS.
   (D) "COLLECTIVE BARGAINING AGREEMENT" OR "CBA" SHALL MEAN AN AGREEMENT
 BETWEEN  AN  OWNER  OR OPERATOR AND A LABOR UNION THAT GOVERNS THE TERMS
 AND CONDITIONS OF EMPLOYMENT FOR WORKERS AT A FACILITY OR PROPERTY.
   2. IN THE EVENT THAT A PROPERTY OR FACILITY  WHICH  EMPLOYS  EMPLOYEES
 SUBJECT  TO  A  COLLECTIVE  BARGAINING  AGREEMENT  IS SOLD, TRANSFERRED,
 LEASED, OR OTHERWISE ACQUIRED BY A SUCCESSOR OPERATOR OR OWNER, UNLESS A
 NEW CBA IS MADE PURSUANT  TO  APPLICABLE  STATE  AND  LOCAL  LAWS,  SUCH
 SUCCESSOR OPERATOR OR OWNER SHALL AGREE, IN WRITING, TO:
   (A) BECOME A PARTY BOUND BY ALL TERMS, CONDITIONS, AND OBLIGATIONS SET
 FORTH IN THE COLLECTIVE BARGAINING AGREEMENT; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11996-01-5
 A. 8512                             2
              

 
   (B)  HONOR  ALL  EMPLOYMENT  TERMS  AND CONDITIONS, INCLUDING, BUT NOT
 LIMITED TO, WAGES, BENEFITS, JOB SECURITY, AND  WORK  OPPORTUNITIES,  AS
 SET FORTH IN THE EXISTING AGREEMENT.
   3. IF, FOLLOWING A TRANSFER OF OPERATIONS, THE AMOUNT OF WORK FOR SOME
 OR  ALL  EMPLOYEES INCREASES, SUCH INCREASE SHALL BE FULLY COVERED UNDER
 THE TERMS AND CONDITIONS OF THE COLLECTIVE BARGAINING AGREEMENT.
   4. (A) IF THE OWNER AND OPERATOR OF A PROPERTY OR FACILITY,  FOLLOWING
 ONE  OR MORE TRANSFERS OF OWNERSHIP OR OPERATION, ARE SEPARATE ENTITIES,
 THE LEADERSHIP AND BOARD, IF APPLICABLE, SHALL NOT OVERLAP OR  COMMINGLE
 IN  A  WAY THAT WOULD CREATE A CONFLICT OF INTEREST OR WHICH WOULD ALLOW
 SUCH OWNER OR OPERATOR TO AVOID JOINT LIABILITY FOR HONORING  A  COLLEC-
 TIVE BARGAINING AGREEMENT.
   (B)  IF THE SUCCESSOR OPERATOR AND OWNER ARE FOUND TO SHARE OR COMMIN-
 GLE LEADERSHIP IN A MANNER WHICH WAS INTENDED TO OR  ACTUALLY  CAUSED  A
 CONFLICT  OF  INTEREST  WITH  RESPECT  TO A CBA, SUCH SUCCESSOR OPERATOR
 SHALL BE CONSIDERED A CONTINUATION OF THE PRIOR OPERATOR FOR PURPOSES OF
 ENFORCING THE CBA.
   5. THE BOARD SHALL HAVE THE AUTHORITY TO  ENFORCE  THE  PROVISIONS  OF
 THIS  SECTION.  BY  ITS OWN MOTION OR AT THE REQUEST OF THE PARTIES, THE
 BOARD IS AUTHORIZED TO INITIATE OR ARBITRATE PROCEEDINGS IN RELATION  TO
 A  VIOLATION OF THIS SECTION PURSUANT TO THE PROVISIONS OF SECTION SEVEN
 HUNDRED TWO-A OF THIS ARTICLE.
   6. (A) ANY SUCCESSOR OPERATOR WHO IS FOUND TO HAVE  FAILED  TO  COMPLY
 WITH  THIS  SECTION  SHALL  BE  SUBJECT TO A CIVIL PENALTY NOT TO EXCEED
 FIFTY THOUSAND DOLLARS FOR EACH VIOLATION.
   (B) IF A SUCCESSOR OPERATOR FAILS TO  HONOR  A  COLLECTIVE  BARGAINING
 AGREEMENT IN VIOLATION OF THIS SECTION, THE AFFECTED LABOR UNION AND ITS
 EMPLOYEES  MAY  PETITION  FOR  REINSTATEMENT  OF  THE  CBA BY THE PUBLIC
 EMPLOYMENT RELATIONS BOARD.
   (C) IN A LEGAL PROCEEDING AGAINST A SUCCESSOR OPERATOR  OR  OWNER  WHO
 VIOLATES  THIS  SECTION, IN ITS DISCRETION, THE COURT MAY AWARD SPECIFIC
 PERFORMANCE, MONETARY DAMAGES, BACK PAY AND LOST WAGES, OR SOME COMBINA-
 TION THEREOF.
   § 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.