S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9463

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 6, 2010
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in relation to hours, wages, and  supple-
  ments  for  work on public work projects including charter schools and
  to amend the education law,  in  relation  to  contracts  for  charter
  school   construction  and  collective  bargaining  representation  of
  employees in certain charter schools

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 220 of the labor law, as amended
by chapter 678 of the laws of 2007, is amended to read as follows:
  2. Each contract, LEASE, GRANT, BOND,  COVENANT,  DEBT  AGREEMENT,  OR
PERMIT,  to which the state or a public benefit corporation or a munici-
pal corporation or a commission appointed pursuant to law OR  AN  EDUCA-
TION  CORPORATION  ORGANIZED TO OPERATE A CHARTER SCHOOL is a party, and
any contract for public work entered into by a  third  party  acting  in
place  of, on behalf of and for the benefit of such public entity pursu-
ant to any lease, permit or other agreement between such third party and
the public entity, and which may involve  the  employment  of  laborers,
workers or mechanics shall contain a stipulation that no laborer, worker
or  mechanic  in  the  employ  of the contractor, subcontractor or other
person doing or contracting to do the  whole  or  a  part  of  the  work
contemplated by the contract shall be permitted or required to work more
than  eight  hours in any one calendar day or more than five days in any
one week except in cases  of  extraordinary  emergency  including  fire,
flood or danger to life or property. No such person shall be so employed
more  than eight hours in any day or more than five days in any one week
except in such emergency. Extraordinary emergency within the meaning  of
this  section  shall be deemed to include situations in which sufficient
laborers, workers and mechanics cannot be employed to  carry  on  public
work  expeditiously  as a result of such restrictions upon the number of
hours and days of labor and the immediate commencement or prosecution or
completion without undue delay of the public work is  necessary  in  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD15067-01-9

A. 9463                             2

judgment  of  the commissioner for the preservation of the contract site
and for the protection of the life and limb of  the  persons  using  the
same.  Upon  the  application of any person interested, the commissioner
shall make a determination as to whether or not on any public project or
on  all  public projects in any area of this state, sufficient laborers,
workers and mechanics of any or all classifications can be  employed  to
carry  on work expeditiously if their labor is restricted to eight hours
per day and five days per week, and in the event that  the  commissioner
determines that there are not sufficient workers, laborers and mechanics
of  any  or  all  classifications which may be employed to carry on such
work expeditiously if their labor is restricted to eight hours  per  day
and five days per week, and the immediate commencement or prosecution or
completion  without  undue  delay of the public work is necessary in the
judgment of the commissioner for the preservation of the  contract  site
and  for  the  protection  of the life and limb of the persons using the
same, the commissioner shall grant a dispensation permitting all  labor-
ers,  workers  and  mechanics,  or  any classification of such laborers,
workers and mechanics, to work such additional hours or days per week on
such public project or in such areas the commissioner  shall  determine.
Whenever  such  a  dispensation  is granted, all work in excess of eight
hours per day and five days per week shall be considered overtime  work,
and  the  laborers,  workers and mechanics performing such work shall be
paid a premium wage commensurate with the premium  wages  prevailing  in
the  area  in which the work is performed. No such dispensation shall be
effective with respect to any public work unless and until  the  depart-
ment  of  jurisdiction,  as  defined  in  this section, certifies to the
commissioner that such public work is of an important nature and that  a
delay  in carrying it to completion would result in serious disadvantage
to the public. Time lost in any week because  of  inclement  weather  by
employees engaged in the construction, reconstruction and maintenance of
highways  outside  of  the  limits of cities and villages may be made up
during that week and/or the succeeding three weeks.
  S 2. Subdivision 2 of section 220 of the  labor  law,  as  amended  by
chapter 851 of the laws of 1947, is amended to read as follows:
  2.  Each  contract,  LEASE,  GRANT, BOND, COVENANT, DEBT AGREEMENT, OR
PERMIT, to which the state or a public benefit corporation or a  munici-
pal  corporation  or a commission appointed pursuant to law OR AN EDUCA-
TION CORPORATION ORGANIZED TO OPERATE A CHARTER SCHOOL is  a  party  and
which may involve the employment of laborers, workmen or mechanics shall
contain a stipulation that no laborer, workman or mechanic in the employ
of the contractor, subcontractor or other person doing or contracting to
do the whole or a part of the work contemplated by the contract shall be
permitted  or required to work more than eight hours in any one calendar
day or more than five days in any one week except in cases  of  extraor-
dinary emergency including fire, flood or danger to life or property. No
such  person  shall  be  so employed more than eight hours in any day or
more than five days in any one week except in such  emergency.  Extraor-
dinary  emergency  within the meaning of this section shall be deemed to
include situations in which sufficient laborers, workmen  and  mechanics
cannot  be employed to carry on public work expeditiously as a result of
such restrictions upon the number of hours and days  of  labor  and  the
immediate  commencement or prosecution or completion without undue delay
of the public work is  necessary  in  the  judgment  of  the  industrial
commissioner  for  the  preservation  of  the  contract site and for the
protection of the life and limb of the persons using the same. Upon  the
application  of any person interested, the industrial commissioner shall

A. 9463                             3

make a determination as to whether or not on any public  project  or  on
all  public  projects  in  any  area of this state, sufficient laborers,
workmen and mechanics of any or all classifications can be  employed  to
carry  on work expeditiously if their labor is restricted to eight hours
per day and five days per week, and in the  event  that  the  industrial
commissioner  determines that there are not sufficient workmen, laborers
and mechanics of any or all classifications which  may  be  employed  to
carry  on  such work expeditiously if their labor is restricted to eight
hours per day and five days per week, and the immediate commencement  or
prosecution  or  completion  without  undue  delay of the public work is
necessary in the judgment of the industrial commissioner for the preser-
vation of the contract site and for the protection of the life and  limb
of the persons using the same, the industrial commissioner shall grant a
dispensation  permitting  all  laborers,  workmen  and mechanics, or any
classification of such laborers, workmen and  mechanics,  to  work  such
additional  hours  or  days  per  week on such public project or in such
areas the industrial  commissioner  shall  determine.  Whenever  such  a
dispensation  is  granted, all work in excess of eight hours per day and
five days per week shall be considered overtime work, and the  laborers,
workmen  and mechanics performing such work shall be paid a premium wage
commensurate with the premium wages prevailing in the area in which  the
work  is performed. No such dispensation shall be effective with respect
to any public work unless and until the department of  jurisdiction,  as
defined  in  this section, certifies to the industrial commissioner that
such public work is of an important nature and that a delay in  carrying
it  to  completion  would  result in serious disadvantage to the public.
Time lost in any week because of inclement weather by employees  engaged
in  the construction, reconstruction and maintenance of highways outside
of the limits of cities and villages may be made  up  during  that  week
and/or the succeeding three weeks.
  S  3.  Paragraph (a) of subdivision 3 of section 2853 of the education
law, as amended by section 4 of part D-2 of chapter 57 of  the  laws  of
2007, is amended to read as follows:
  (a)  A  charter  school  may  be located in part of an existing public
school building, in space provided on a private work site, in  a  public
building  or in any other suitable location. Provided, however, before a
charter school may be located in  part  of  an  existing  public  school
building,  the  charter  entity  shall  provide notice to the parents or
guardians of the students then enrolled in the existing school  building
and  shall hold a public hearing for purposes of discussing the location
of the charter school.  ALL  CONTRACTS  ENTERED  INTO  BY  SUCH  CHARTER
SCHOOL,  OR  ANY  EDUCATION  CORPORATION  ORGANIZED TO OPERATE A CHARTER
SCHOOL, OR ANY OTHER PUBLIC ENTITY, INCLUDING THE STATE, A PUBLIC  BENE-
FIT  CORPORATION, MUNICIPAL CORPORATION, OR ANY PRIVATE ENTITY ACTING ON
BEHALF OF ANY OF THESE  ENTITIES,  INVOLVING  THE  CONSTRUCTION,  RECON-
STRUCTION,  DEMOLITION,  EXCAVATION, REHABILITATION, REPAIR, RENOVATION,
OR ALTERATION OF ANY CHARTER SCHOOL FACILITY SHALL  BE  SUBJECT  TO  THE
REQUIREMENTS  OF  SECTION ONE HUNDRED THREE OF THE GENERAL MUNICIPAL LAW
AND ARTICLES EIGHT AND NINE OF THE LABOR LAW. A charter school may  own,
lease  or  rent  its space. For purposes of local zoning, land use regu-
lation and building code compliance, a charter school shall be deemed  a
nonpublic school.
  S 4. Paragraph (b-1) of subdivision 3 of section 2854 of the education
law,  as  amended  by section 6 of part D-2 of chapter 57 of the laws of
2007, is amended to read as follows:

A. 9463                             4

  (b-1) The employees of a charter school that is not a conversion  from
an  existing  public  school shall not be deemed members of any existing
collective bargaining unit representing employees of the school district
in which the charter school is located, and the charter school  and  its
employees  shall  not  be  subject to any existing collective bargaining
agreement between the  school  district  and  its  employees.  Provided,
however, that (i) if the student enrollment of the charter school on the
first  day  on  which  the  charter school commences student instruction
exceeds two hundred fifty or if the average daily student enrollment  of
such  school  exceeds two hundred fifty students at any point during the
first two years after the charter school commences student  instruction,
all  employees  of  the school who are eligible for representation under
article fourteen of the civil service law shall be deemed to be  repres-
ented  in  a separate negotiating unit at the charter school by the same
employee organization, if any, that represents  like  employees  in  the
school  district  in  which  such  charter  school  is located; (ii) the
provisions of subparagraph (i) of this paragraph may be waived in up  to
ten  charters  issued  on  the  recommendation of the charter entity set
forth in paragraph (b) of  subdivision  three  of  section  twenty-eight
hundred fifty-one of this article; AND (iii) [the provisions of subpara-
graph  (i)  of  this paragraph shall not be applicable to the renewal or
extension of a charter; and (iv)] nothing  in  this  sentence  shall  be
construed  to subject a charter school subject to the provisions of this
paragraph or  its  employees  to  any  collective  bargaining  agreement
between  any  public  school  district  and its employees or to make the
employees of such charter school part of any negotiating  unit  at  such
school district. [The charter school may, in its sole discretion, choose
whether  or not to offer the terms of any existing collective bargaining
to school employees.]
  S 5. This act shall take effect immediately; provided that the  amend-
ments  to  subdivision 2 of section 220 of the labor law made by section
one of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 5 of chapter 678 of the laws of 2007, as
amended, when upon such date the provisions of section two of  this  act
shall take effect.