S T A T E   O F   N E W   Y O R K
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                                  5235

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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 extending the  application
  of the New York state labor relations act to state grant recipients

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

  Section 1. Section 701 of the labor law is amended  by  adding  a  new
subdivision 13 to read as follows:
  13.  THE TERM "STATE GRANT RECIPIENT" MEANS ANY PERSON OR ORGANIZATION
RECEIVING STATE GRANT FUNDS, INCLUDING ECONOMIC DEVELOPMENT GRANTS,  AND
ACTING  IN  THE CAPACITY OF AN EMPLOYER AS DEFINED IN SUBDIVISION TWO OF
THIS SECTION.
  S 2. Subdivisions 1, 2 and 3 of section 706 of the labor law, as added
by chapter 443 of the laws of 1937, are amended to read as follows:
  1. The board is empowered and directed, as  hereinafter  provided,  to
prevent  any  employer  OR  STATE  GRANT  RECIPIENT from engaging in any
unfair labor practice.  This power shall not be affected or impaired  by
any  means  of  adjustment,  mediation or conciliation in labor disputes
that have been or may hereafter be established by law.
  2. Whenever a charge has been made that any employer  OR  STATE  GRANT
RECIPIENT  has  engaged  in or is engaging in any unfair labor practice,
the board shall have power to issue and cause to  be  served  upon  such
employer  OR  STATE  GRANT  RECIPIENT a complaint stating the charges in
that respect and containing a notice of hearing before the  board  at  a
place  therein fixed to be held not less than seven days after the serv-
ing of said complaint.  Any such complaint may be amended by  the  board
or its agent conducting the hearing at any time prior to the issuance of
an  order  based  thereon.    The person so complained of shall have the
right to file an answer to the original or amended  complaint  not  less
than  five  days after the service of such original or amended complaint
and to appear in person or otherwise to give testimony at the place  and

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07984-01-9
              

S. 5235                             2

time  set  in  the  complaint.    In the discretion of a member or agent
conducting the hearing, or of the board, any other person may be allowed
to intervene in the said proceeding and to present testimony.    In  any
such  proceeding  the board or its agent shall not be bound by technical
rules of evidence prevailing in the courts of law or equity.
  3. The testimony taken at the hearing shall be reduced to writing  and
filed  with  the  board.   Thereafter, in its discretion, the board upon
notice may take further testimony or hear argument.   If  upon  all  the
testimony  taken  the  board  shall  determine  that  the respondent has
engaged in or is engaging in any unfair labor practice, the board  shall
state  its  findings  of  fact and shall issue and cause to be served on
such respondent an order requiring such respondent to cease  and  desist
from such unfair labor practice, and to take such further affirmative or
other action as will effectuate the policies of this article, including,
but  not  limited  to  (a) withdrawal of recognition from and refraining
from bargaining collectively with any employee organization  or  associ-
ation,  agency  or  plan  defined  in this article as a company union or
established, maintained or assisted by any action defined in this  arti-
cle  as  an  unfair  labor practice; (b) awarding of back pay; (c) rein-
statement with or without back pay of any employee discriminated against
in violation of section seven hundred four OF THIS ARTICLE,  or  mainte-
nance  of a preferential list from which such employee shall be returned
to work; (d) reinstatement with or without back  pay  of  all  employees
whose  work  has  ceased  or  whose  return  to work has been delayed or
prevented as the result of the aforementioned or any other unfair  labor
practice  in  respect  to  any employee or employees or maintenance of a
preferential list from which such employees shall be returned  to  work.
Such  order may further require such person to make reports from time to
time showing the extent to which the order has been complied with.    If
upon all the testimony the board shall be of the opinion that the person
or  persons named in the complaint have not engaged in or are not engag-
ing in any such unfair labor practice, then the  board  shall  make  its
findings of fact and shall issue an order dismissing the complaint. UPON
A  SHOWING  OF A SECOND OR SUBSEQUENT VIOLATION BY A STATE GRANT RECIPI-
ENT, THE BOARD MAY, IN ITS  DISCRETION,  RECOMMEND  TO  THE  CONTRACTING
STATE  AGENCY  CANCELLATION  OF  REMAINING  STATE PAYMENTS TO SUCH STATE
GRANT RECIPIENT ON ANY STATE GRANT OR ECONOMIC  DEVELOPMENT  GRANT.  THE
CONTRACTING  STATE  AGENCY MAY, UPON SUCH A RECOMMENDATION BY THE BOARD,
LAWFULLY CANCEL PAYMENTS TO SUCH STATE GRANT RECIPIENT.
  S 3. This act shall take effect immediately.