Bill Text: NY A02130 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the labor law, in relation to enforcement of public work contracts by an employee organization

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2010-01-06 - referred to labor [A02130 Detail]

Download: New_York-2009-A02130-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2130
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2009
                                      ___________
       Introduced  by  M.  of  A.  JOHN, NOLAN -- read once and referred to the
         Committee on Labor
       AN ACT to amend the labor law, in relation to enforcement of public work
         contracts by an employee organization
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 223 of the labor law, as amended by chapter 929 of
    2  the laws of 1935, is amended to read as follows:
    3    S 223. Enforcement of article. If the fiscal officer as defined herein
    4  finds that any person contracting with the  state,  a  municipal  corpo-
    5  ration, or any commission appointed pursuant to law, for the performance
    6  of any public work fails to comply with or evades the provisions of this
    7  article,  he  OR  SHE  shall  present evidence of such non-compliance or
    8  evasion to the officer, department, board or commission having charge of
    9  such work for enforcement.  Wherein such evidence indicates  a  non-com-
   10  pliance or evasion on the part of a sub-contractor, the contractor shall
   11  be  responsible for such non-compliance or evasion. It shall be the duty
   12  of any officer,  department,  board  or  commission  in  charge  of  the
   13  construction  of such public work contracts to enforce the provisions of
   14  this article.  IN ADDITION, AN EMPLOYEE ORGANIZATION SHALL HAVE THE SAME
   15  STANDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE AGAINST A  CONTRACTOR
   16  OR ANY SUB-CONTRACTOR AS THE OFFICER, DEPARTMENT, BOARD OR COMMISSION IN
   17  CHARGE  OF  SUCH  PUBLIC  WORK CONTRACT IF ANY OF THE EMPLOYEE ORGANIZA-
   18  TION'S MEMBERS WERE EMPLOYED ON SUCH PUBLIC WORK PROJECT BY ANY CONTRAC-
   19  TOR OR SUB-CONTRACTOR WHO FAILS TO COMPLY WITH OR EVADES THE  PROVISIONS
   20  OF  THIS  ARTICLE.  IT  SHALL NOT BE NECESSARY FOR THE FISCAL OFFICER TO
   21  PRESENT EVIDENCE OF SUCH  NON-COMPLIANCE  OR  EVASION  TO  THE  EMPLOYEE
   22  ORGANIZATION  IN  ORDER  FOR  SAID  EMPLOYEE ORGANIZATION TO ENFORCE THE
   23  PROVISIONS OF THIS ARTICLE. WHERE THE NON-COMPLIANCE OR  EVASION  IS  ON
   24  THE  PART OF ANY SUB-CONTRACTOR, THE CONTRACTOR SHALL BE RESPONSIBLE FOR
   25  SUCH NON-COMPLIANCE OR EVASION.
   26    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04717-01-9