S T A T E   O F   N E W   Y O R K
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                                  8371

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Energy

AN  ACT  to  amend  the  public service law, in relation to certain call
  centers

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

  Section 1. Section 65 of the public service law is amended by adding a
new subdivision 14 to read as follows:
  14.  (A) REPORTING REQUIREMENT. EVERY PUBLIC UTILITY UNDER THIS SUBDI-
VISION SHALL PROVIDE THE COMMISSIONER AN AFFIDAVIT, QUARTERLY,  THAT  NO
CALL CENTERS OR OTHER FACILITIES PROVIDING CUSTOMER ASSISTANCE SET FORTH
IN  PARAGRAPH  (A)  OF  SUBDIVISION  THIRTEEN  OF THIS SECTION HAVE BEEN
CLOSED WITHOUT NOTICE AND HEARING BEFORE THE  COMMISSION  AND  THAT  THE
UTILITY  HAS  NOT  RELOCATED SUCH CUSTOMER ASSISTANCE TO ANOTHER AREA OF
NEW YORK STATE OR OUTSIDE OF NEW YORK STATE WITHOUT NOTICE  AND  HEARING
BEFORE THE COMMISSION. THE AFFIDAVIT SHALL BE SUBMITTED IN SUCH FORM AND
AT SUCH TIMES AND SHALL CONTAIN INFORMATION AS THE COMMISSIONER, BY RULE
OR REGULATION, MAY PRESCRIBE.
  (B)  RETALIATORY  ACTION  BY  EMPLOYERS  PROHIBITED.  AN  EMPLOYEE WHO
PERFORMS SERVICES FOR AND UNDER THE DIRECTION AND CONTROL  OF  A  PUBLIC
UTILITY  OR  AN  AGENT  ACTING  ON BEHALF OF THE EMPLOYER SHALL NOT TAKE
RETALIATORY PERSONAL ACTION SUCH  AS  DISCHARGE,  SUSPENSION,  DEMOTION,
PENALIZATION  OR  DISCRIMINATION  AGAINST  AN  EMPLOYEE  FOR  REPORTING,
DISCLOSING, OR TESTIFYING BEFORE, ANY PUBLIC BODY CONDUCTING AN INVESTI-
GATION, HEARING OR INQUIRY INTO SUCH VIOLATION OF  SUBDIVISION  THIRTEEN
OF THIS SECTION.
  (C) APPLICATION. THE PROTECTION AGAINST RETALIATORY ACTION SHALL APPLY
TO  ANY  EMPLOYEE  WHO  IN GOOD FAITH REASONABLY BELIEVES THAT A UTILITY
COMPANY IS IN VIOLATION OF SUBDIVISION THIRTEEN OF THIS  SECTION,  BASED
ON INFORMATION THAT THE EMPLOYEE IN GOOD FAITH REASONABLY BELIEVES TO BE
TRUE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13024-01-1
              

A. 8371                             2

  (D)  VIOLATION;  REMEDY. (I) AN EMPLOYEE WHO HAS BEEN THE SUBJECT OF A
RETALIATORY PERSONNEL ACTION IN VIOLATION OF THIS SECTION MAY  INSTITUTE
A  CIVIL  ACTION  IN A COURT OF COMPETENT JURISDICTION FOR RELIEF WITHIN
TWO YEARS AFTER THE ALLEGED RETALIATORY PERSONNEL ACTION WAS TAKEN. (II)
ANY  ACTION  AUTHORIZED  BY THIS SECTION MAY BE BROUGHT IN THE COUNTY IN
WHICH THE ALLEGED RETALIATORY PERSONNEL ACTION OCCURRED, IN  THE  COUNTY
IN WHICH THE COMPLAINANT RESIDES, OR IN THE COUNTY IN WHICH THE EMPLOYER
HAS ITS PRINCIPAL PLACE OF BUSINESS.
  IN ADDITION TO THE RELIEF SET FORTH IN THIS SECTION, THE COURT, IN ITS
DISCRETION, BASED UPON A FINDING THAT THE EMPLOYER ACTED IN BAD FAITH IN
THE  RETALIATORY  ACTION,  MAY ASSESS THE EMPLOYER A CIVIL PENALTY OF AN
AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, TO BE PAID TO  THE  ORGANIZED
LABOR BARGAINING UNIT'S HEALTH AND WELFARE FUND.
  (E)  RELIEF.   IN ANY ACTION BROUGHT PURSUANT TO THIS SUBDIVISION, THE
COURT MAY ORDER RELIEF AS FOLLOWS: (I) THE REINSTATEMENT OF THE EMPLOYEE
TO THE SAME POSITION HELD BEFORE THE RETALIATORY PERSONNEL ACTION, OR TO
AN EQUIVALENT POSITION; (II) THE REINSTATEMENT OF FULL  FRINGE  BENEFITS
AND  SENIORITY  RIGHTS;  (III) THE COMPENSATION FOR LOST WAGES, BENEFITS
AND OTHER REMUNERATION; AND COMPENSATORY DAMAGES FOR ECONOMIC LOSS; (IV)
THE PAYMENT BY THE EMPLOYER  OF  REASONABLE  COSTS,  DISBURSEMENTS,  AND
ATTORNEY'S  FEES; (V) AN INJUNCTION TO RESTRAIN THE EMPLOYER'S CONTINUED
VIOLATION OF THIS SECTION WITH RESPECT TO THE  EMPLOYEE;  (VI)  A  CIVIL
PENALTY  OF  AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, IF THE COURT,
IN ITS DISCRETION, FINDS THAT THE EMPLOYER ACTED IN  BAD  FAITH  IN  THE
RETALIATORY ACTION.
  (F)  EMPLOYER  RELIEF. A COURT, IN ITS DISCRETION, MAY ALSO ORDER THAT
REASONABLE ATTORNEYS' FEES AND COURT COSTS AND DISBURSEMENTS BE  AWARDED
TO  AN  EMPLOYER  IF  THE  COURT DETERMINES THAT AN ACTION BROUGHT BY AN
EMPLOYEE UNDER THIS SECTION WAS WITHOUT REASONABLE BASIS IN  LAW  OR  IN
FACT.  THE  EMPLOYER  SHALL RESERVE THE RIGHT TO DISMISS AN EMPLOYEE WHO
HAS ACTED IN BAD FAITH WITHOUT REASONABLE  BASIS  IN  LAW  OR  IN  FACT,
REGARDLESS  OF ANY GRIEVANCE PROCESS THAT MAY BE IN PLACE AS A RESULT OF
A COLLECTIVE BARGAINING AGREEMENT.
  (G) PUBLICATION.  EVERY  EMPLOYER  SHALL  INFORM  EMPLOYEES  OF  THEIR
PROTECTIONS,  RIGHTS  AND  OBLIGATIONS  UNDER THIS SECTION, BY POSTING A
NOTICE THEREOF. SUCH NOTICES SHALL BE  POSTED  CONSPICUOUSLY  IN  EASILY
ACCESSIBLE  AND  WELL-LIGHTED PLACES CUSTOMARILY FREQUENTED BY EMPLOYEES
AND APPLICANTS FOR EMPLOYMENT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
become a law.