S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4950
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2025
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Labor
 
 AN ACT to amend the labor law, in relation to  employees  covered  under
   certain provisions relating to laborers, workers or mechanics
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 8-d of section 220 of the labor law, as amended
 by chapter 767 of the laws of 1984, is amended and a new subdivision 1-a
 is added to read as follows:
   1-A. ANY USE OF THE TERM "WORKMEN" IN THIS SECTION SHALL BE DEEMED  TO
 MEAN "WORKERS" AS USED IN THE DEFINITION UNDER PARAGRAPH (B) OF SUBDIVI-
 SION 8-D OF THIS SECTION.
   8-d. (A) Notwithstanding any inconsistent provision of this chapter or
 of  any other law, in a city of one million or more, where a majority of
 laborers, [workmen] WORKERS or mechanics in a particular  civil  service
 title  are  members of an employee organization which has been certified
 or recognized to represent them pursuant to the  provisions  of  article
 fourteen of the civil service law or a local law enacted thereunder, the
 public employer and such employee organization shall in good faith nego-
 tiate  and  enter into a written agreement with respect to the wages and
 supplements of the laborers,  [workmen]  WORKERS  or  mechanics  in  the
 title.  If  the  parties fail to achieve an agreement, only the employee
 organization shall be authorized to file  a  single  verified  complaint
 pursuant  to subdivision seven herein, on behalf of the laborers, [work-
 men] WORKERS or mechanics so  represented.  Such  employee  organization
 shall  be the sole and exclusive representative of such laborers, [work-
 men] WORKERS or mechanics at any hearing pursuant to  subdivision  eight
 herein,  and  shall  be  the  sole complainant in the proceeding for all
 purposes therein, including review pursuant to article seventy-eight  of
 the  civil practice law and rules.  Service by the fiscal officer on the
 employee organization shall be sufficient notice to the laborers, [work-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08732-01-5
              

 A. 4950                             2

 men] WORKERS or mechanics so represented for all purposes of subdivision
 eight herein, except that the  issuance  and  enforcement  of  subpoenas
 shall  be  regulated  by  the  civil  practice law and rules. Any order,
 compromise,  or  settlement  determining  the  issues raised upon such a
 proceeding, which has not been taken  up  for  review  by  the  employee
 organization,  shall  be binding upon the laborers, [workmen] WORKERS or
 mechanics represented by the employee organization. Nothing herein shall
 be construed to limit the rights of any  laborer,  [workman]  WORKER  or
 mechanic  who  has  on  file a verified complaint prior to the effective
 date of this subdivision.
   (B) FOR THE PURPOSES OF THIS SECTION, THE PHRASE "LABORERS, WORKERS OR
 MECHANICS" SHALL INCLUDE, BUT NOT BE LIMITED TO, EMPLOYEES OF  A  PUBLIC
 PASSENGER  FERRY  SYSTEM  EMPLOYED AS UNITED STATES COAST GUARD-LICENSED
 OFFICERS OR IN ANY POSITION FOR WHICH A UNITED STATES COAST GUARD  OFFI-
 CER  LICENSE,  ENDORSEMENT  OR  CREDENTIAL  IS REQUIRED BY LAW OR BY THE
 RELEVANT CIVIL SERVICE JOB SPECIFICATIONS.  SUCH  LABORERS,  WORKERS  OR
 MECHANICS,  THROUGH  THEIR  EMPLOYEE  ORGANIZATION(S), SHALL HAVE, AS AN
 ALTERNATIVE TO PURSUING A PREVAILING RATE DETERMINATION FROM  THE  RELE-
 VANT  FISCAL OFFICER, THE RIGHT TO INVOKE AND PURSUE COLLECTIVE BARGAIN-
 ING IMPASSE PROCEDURES AVAILABLE TO OTHER EMPLOYEES OF  THEIR  EMPLOYER,
 AND  SUCH  LABORERS,  WORKERS AND MECHANICS SHALL ALSO HAVE THE RIGHT TO
 INVOKE AND PURSUE ANY ADMINISTRATIVE OR  OTHER  PROCEEDINGS,  TO  PURSUE
 CHARGES  OR  OTHER  TYPES  OF CLAIMS OR COMPLAINTS, AND TO SEEK REMEDIES
 THAT ARE AVAILABLE TO OTHER EMPLOYEES OF THEIR EMPLOYER PURSUANT TO  ANY
 RELEVANT  LOCAL COLLECTIVE BARGAINING, CIVIL SERVICE, LABOR OR PERSONNEL
 LAW, RULES OR REGULATIONS FOR THE RESOLUTION OR REMEDYING OF THE EMPLOY-
 ER'S FAILURE TO BARGAIN IN GOOD FAITH OR OTHER UNFAIR OR IMPROPER  LABOR
 PRACTICES.    ANY  USE  OF  THE  TERM "WORKMEN" IN THIS SECTION SHALL BE
 DEEMED TO MEAN "WORKERS" AS USED IN THE DEFINITION UNDER THIS PARAGRAPH.
   § 2. This act shall take effect immediately.