S T A T E O F N E W Y O R K
________________________________________________________________________
3191
2019-2020 Regular Sessions
I N S E N A T E
February 4, 2019
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Introduced by Sen. KENNEDY -- 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 reporting of persuasion
activities relating to the right to organize and bargain collectively
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 article 21 to read
as follows:
ARTICLE 21
EMPLOYEE ORGANIZING PERSUASION DISCLOSURE
SECTION 750. REPORTING OF PERSUASION ACTIVITIES.
751. RECEIPTS AND DISBURSEMENT REPORT.
752. REPORTING EXEMPTIONS.
753. PENALTIES.
754. SEVERABILITY.
§ 750. REPORTING OF PERSUASION ACTIVITIES. 1. EVERY EMPLOYER WHO HIRES
OR CONTRACTS WITH A PERSON WHO AS A DIRECT OR INDIRECT PARTY TO ANY
AGREEMENT OR ARRANGEMENT WITH AN EMPLOYER UNDERTAKES, PURSUANT TO SUCH
AGREEMENT OR ARRANGEMENT, ANY ACTIVITIES WHERE AN OBJECT THEREOF IS,
DIRECTLY OR INDIRECTLY, (A) TO PERSUADE EMPLOYEES TO EXERCISE OR NOT TO
EXERCISE, OR TO PERSUADE EMPLOYEES AS TO THE MANNER OF EXERCISING, THE
RIGHT TO ORGANIZE AND BARGAIN COLLECTIVELY THROUGH REPRESENTATIVES OF
THEIR OWN CHOOSING; OR, (B) TO SUPPLY AN EMPLOYER WITH INFORMATION
CONCERNING THE ACTIVITIES OF EMPLOYEES OR A LABOR ORGANIZATION IN
CONNECTION WITH A LABOR DISPUTE INVOLVING SUCH EMPLOYER, EXCEPT INFORMA-
TION FOR USE SOLELY IN CONJUNCTION WITH AN ADMINISTRATIVE OR ARBITRAL
PROCEEDING OR A CRIMINAL OR CIVIL JUDICIAL PROCEEDING; SHALL FILE A
REPORT WITH THE COMMISSIONER IN A MANNER PRESCRIBED BY THIS ARTICLE
DISCLOSING THE NATURE OF SUCH AGREEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04097-01-9
S. 3191 2
2. THE REPORT REQUIRED BY THIS SECTION SHALL BE FILED WITHIN THIRTY
DAYS AFTER ENTERING INTO AN AGREEMENT OR ARRANGEMENT OF THE TYPE
DESCRIBED IN THIS SECTION.
3. IF THERE IS ANY CHANGE IN THE INFORMATION REPORTED WITHIN SUBDIVI-
SION TWO OF THIS SECTION, AN AMENDED REPORT SHALL BE FILED BY THE
EMPLOYER WITHIN THIRTY DAYS OF THE CHANGE.
§ 751. RECEIPTS AND DISBURSEMENT REPORT. EVERY PERSON WHO, AS A DIRECT
OR INDIRECT PARTY TO ANY AGREEMENT OR ARRANGEMENT, UNDERTAKES ANY ACTIV-
ITIES OF THE TYPE DESCRIBED IN SECTION SEVEN HUNDRED FIFTY OF THIS ARTI-
CLE PURSUANT TO SUCH AGREEMENT OR ARRANGEMENT AND WHO, AS A RESULT OF
SUCH AGREEMENT OR ARRANGEMENT MADE OR RECEIVED ANY PAYMENT DURING THE
PREVIOUS CALENDAR YEAR SHALL FILE A REPORT WITH THE COMMISSIONER. THE
REPORT SHALL BE FILED WITHIN NINETY DAYS AFTER THE END OF THE CALENDAR
YEAR.
§ 752. REPORTING EXEMPTIONS. 1. NOTHING CONTAINED IN THIS ARTICLE
SHALL BE CONSTRUED TO REQUIRE ANY PERSON TO FILE A REPORT UNDER THIS
ARTICLE UNLESS HE OR SHE WAS A DIRECT OR INDIRECT PARTY TO AN AGREEMENT
OR ARRANGEMENT OF THE KIND DESCRIBED IN THIS ARTICLE.
2. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY
PERSON TO FILE A REPORT COVERING THE SERVICES OF SUCH PERSON, UNLESS
DIRECTLY CONNECTED TO THE ACTIVITIES DESCRIBED IN SECTION SEVEN HUNDRED
FIFTY-ONE OF THIS ARTICLE, BY REASON OF HIS OR HER:
(A) GIVING OR AGREEING TO GIVE ADVICE TO AN EMPLOYER; OR
(B) REPRESENTING OR AGREEING TO REPRESENT AN EMPLOYER BEFORE ANY
COURT, ADMINISTRATIVE AGENCY, OR TRIBUNAL OF ARBITRATION; OR
(C) ENGAGING OR AGREEING TO ENGAGE IN COLLECTIVE BARGAINING ON BEHALF
OF AN EMPLOYER WITH RESPECT TO WAGES, HOURS, OR OTHER TERMS OR CONDI-
TIONS OF EMPLOYMENT OR THE NEGOTIATION OF AN AGREEMENT OR ANY QUESTION
ARISING THEREUNDER.
3. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED TO REQUIRE ANY
REGULAR OFFICER, OR EMPLOYEE OF AN EMPLOYER TO FILE A REPORT IN
CONNECTION WITH SERVICES RENDERED AS SUCH REGULAR OFFICER, SUPERVISOR OR
EMPLOYEE TO SUCH EMPLOYER; OR AN ATTORNEY WHO IS A MEMBER IN GOOD STAND-
ING OF THE BAR OF ANY STATE, TO INCLUDE IN ANY REPORT REQUIRED TO BE
FILED PURSUANT TO THE PROVISIONS OF THIS ARTICLE ANY INFORMATION WHICH
WAS LAWFULLY COMMUNICATED TO SUCH ATTORNEY BY ANY OF HIS OR HER CLIENTS
IN THE COURSE OF A LEGITIMATE ATTORNEY-CLIENT RELATIONSHIP.
§ 753. PENALTIES. 1. ANY PERSON REQUIRED UNDER SECTION SEVEN HUNDRED
FIFTY OR SEVEN HUNDRED FIFTY-ONE OF THIS ARTICLE WHO FAILS TO PROPERLY
DISCLOSE INFORMATION AS REQUIRED AND IN A MANNER SPECIFIED BY THIS ARTI-
CLE SHALL BE SUBJECT TO CIVIL PENALTIES TO BE ENFORCED BY THE COMMIS-
SIONER PROVIDED UNDER THIS SECTION.
(A) THE CIVIL PENALTIES SET FORTH IN THIS SECTION SHALL BE IMPOSED AS
FOLLOWS: FIVE THOUSAND DOLLARS FOR THE FIRST VIOLATION; TEN THOUSAND
DOLLARS FOR A SECOND VIOLATION; AND TWENTY-FIVE THOUSAND DOLLARS FOR
EACH VIOLATION THEREAFTER.
(B) A PERSON WHO WILLFULLY VIOLATES THIS ARTICLE SHALL BE SUBJECT TO A
CIVIL PENALTY OF UP TO TWENTY-FIVE THOUSAND DOLLARS FOR A FIRST
VIOLATION AND FIFTY-THOUSAND DOLLARS FOR EVERY VIOLATION THEREAFTER. FOR
PURPOSES OF THIS PARAGRAPH, THE TERM "WILLFULLY VIOLATES" SHALL MEAN A
PERSON KNEW OR SHOULD HAVE KNOWN THAT HIS OR HER CONDUCT WAS PROHIBITED
BY THIS ARTICLE.
2. ANY PENALTIES IMPOSED UNDER THIS SECTION BY THE COMMISSIONER SHALL
BE APPEALABLE TO THE INDUSTRIAL BOARD OF APPEALS IN ACCORDANCE WITH
ARTICLE THREE OF THIS CHAPTER.
S. 3191 3
3. NOTHING IN THIS SECTION SHALL LIMIT THE AVAILABILITY OF OTHER REME-
DIES AT LAW OR IN EQUITY FOR A VIOLATION OF THIS ARTICLE; AND THE CIVIL
PENALTY PROVIDED FOR IN THIS SECTION SHALL BE IN ADDITION TO AND MAY BE
IMPOSED CONCURRENTLY WITH ANY OTHER REMEDY OR PENALTY PROVIDED FOR IN
THIS CHAPTER.
4. ANY FEE OR PENALTY ASSESSED FOR A VIOLATION OF THIS ARTICLE SHALL
BE DEPOSITED INTO THE DEPARTMENT'S FEE AND PENALTY ACCOUNT.
§ 754. SEVERABILITY. IF ANY WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH,
SECTION, OR PART OF THIS ARTICLE OR THE APPLICATION THEREOF TO ANY
PERSON OR CIRCUMSTANCES SHALL BE ADJUDGED INVALID BY A COURT OF COMPE-
TENT JURISDICTION, SUCH ORDER OR JUDGMENT SHALL BE CONFINED IN ITS OPER-
ATION TO THE CONTROVERSY IN WHICH IT WAS RENDERED, AND SHALL NOT AFFECT
OR INVALIDATE THE REMAINDER OF THIS ARTICLE, BUT SHALL BE CONFINED IN
ITS OPERATION TO THE WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SECTION,
OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDG-
MENT SHALL HAVE BEEN RENDERED.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.