Title LAB, Labor

§ 702-a. Settlement of labor disputes. 1. Upon its own motion, in an\nexisting, imminent or threatened labor dispute, the board may and, upon\nthe direction of the governor, the board shall take such steps as it may\ndeem expedient to effect a voluntary, amicable and expeditious…

§ 702-b. Impasse resolution procedures for agricultural employers and\nfarm laborers. 1. For purposes of this section, an impasse may be deemed\nto exist if the parties fail to achieve agreement by the end of a\nforty-day period from the date of certification or recognition of a…

§ 703. Rights of employees. Employees shall have the right of\nself-organization, to form, join, or assist labor organizations, to\nbargain collectively through representatives of their own choosing, and\nto engage in concerted activities, for the purpose of collective\nbargaini…

§ 704. Unfair labor practices. It shall be an unfair labor practice\nfor an employer:\n 1. To spy upon or keep under surveillance, whether directly or through\nagents or any other person, any activities of employees or their\nrepresentatives in the exercise of the rights guarant…

§ 704-a. Unfair practices; performing arts. It shall not be an unfair\nlabor practice for an employer engaged in the performing arts to make an\nagreement with a labor organization, of which performing artists are\nmembers, covering employees engaged in the performing arts, or w…

§ 704-b. Unfair labor practices. 1. It shall be an unfair labor\npractice for a farm laborer or an employee organization representing\nfarm laborers to strike any agricultural employer. The term "strike"\nshall mean, for the purposes of this section, any strike or other\nconcert…

§ 705. Representatives and elections. 1. Representatives designated by\nthe board after a showing of majority interest or selected for the\npurposes of collective bargaining by the majority of the employees in a\nunit appropriate for such purposes or by the majority of the emplo…

§ 706. Prevention of unfair labor practices. 1. The board is empowered\nand directed, as hereinafter provided, to prevent any employer from\nengaging in any unfair labor practice. This power shall not be affected\nor impaired by any means of adjustment, mediation or conciliation…

§ 707. Judicial review. 1. The board shall have power to petition the\nsupreme court of the state within the county wherein the unfair labor\npractice in question occurred or wherein any person charged with the\nunfair labor practice resides or transacts business, or if such cou…

§ 708. Investigatory powers. For the purpose of all hearings and\ninvestigations, which, in the opinion of the board, are necessary and\nproper for the exercise of the powers vested in it by sections seven\nhundred five and seven hundred six,\n 1. The board, or its duly authoriz…

* § 708-a. E-filing program for the purpose of filing papers\nelectronically. 1. Notwithstanding any other provision of law, the New\nYork state public employment relations board shall establish and\npromulgate rules authorizing an electronic filing program (hereinafter\nreferre…

§ 709. Punitive provision. Any person who shall wilfully resist,\nprevent, impede, or interfere with any member of the board or any of its\nagents or agencies in the performance of duties pursuant to this\narticle, or who shall in any manner interfere with the free exercise by\n…

§ 710. Public records and proceedings. Subject to rules and\nregulations to be made by the board consistent with article six of the\npublic officers law, the complaints, orders and testimony relating to a\nproceeding instituted by the board under section seven hundred six of\nth…

* § 710-a. Publicly accessible decision index. The board shall\nestablish and maintain a current index, by topic, of the principles of\nlaw established by the decisions rendered by the board and its\npredecessors and the courts concerning matters arising under this\narticle. Suc…

§ 710-b. Electronically available information. The board shall create\nwritten materials informing employers and employees of the rights\nafforded pursuant to this article to be made available on the board's\nwebsite. Such materials shall be translated into the twelve most commo…

§ 711. Cooperation. The department and the other departments of the\nstate and the officers and employees thereof shall render such\nassistance to the board as it may request in connection with its work\nhereunder. The board shall at all times have the cooperation of and\nshall …

§ 712. Repeal of inconsistent provisions. Insofar as the provisions of\nthis article are inconsistent with the provisions of any other general,\nspecial or local law, the provisions of this article shall be\ncontrolling.\n

§ 713. Limitations. Nothing in this article shall be construed so as\nto interfere with, impede or diminish in any way the right of employees\nto strike or engage in other lawful, concerted activities, except that\nit shall continue to be unlawful for the employees of a non-prof…

§ 714. Separability. If any clause, sentence, paragraph, or part of\nthis article or the application thereof to any person or circumstances,\nshall, for any reason, be adjudged by a court of competent jurisdiction\nto be invalid, such judgment shall not affect, impair, or invali…

§ 715. Application of article. 1. The provisions of this article shall\nnot apply to: (a) employees of any employer who concedes to and agrees\nwith the board that such employees are subject to and protected by the\nprovisions of the federal railway labor act; (b) employees wher…

§ 716. Grievances and disputes in non-profitmaking hospitals and\nresidential care centers. 1. As used in this section "grievance" means\nany controversy or claim arising out of or relating to the\ninterpretation, application or breach of the provisions of an existing\ncollectiv…

§ 717. State mediation board, state labor relations board, and state\nemployment relations board abolished. The state mediation board created\nby chapter five hundred sixty-nine of the laws of nineteen hundred\nsixty-eight, the New York state labor relations board created by cha…

§ 718. Short title. This article shall be known and may be cited and\nreferred to as the "New York state employment relations act."\n

§ 720. Findings and policy. The rights of employees to organize and to\nbargain collectively through labor organizations of their own choosing\nhave been affirmatively protected by the constitution and statutes of\nthis state and by parallel federal laws. Encouraged by these law…

§ 721. Definitions. When used in this article, the term:\n 1. "Person" includes one or more individuals, partnerships,\nassociations, or corporations, whether acting for themselves or in a\nrepresentative capacity.\n 2. "Labor organization" means any organization of any kind whi…

§ 722. Fiduciary obligations of officers and agents. No officer or\nagent of a labor organization shall, directly or indirectly\n 1. Have or acquire any pecuniary or personal interest which would\nconflict with his fiduciary obligation to such organization;\n 2. Engage in any bu…

§ 723. Specific prohibited financial interests and transactions. 1.\nWithout limiting his fiduciary obligation provided in section seven\nhundred twenty-two, it shall constitute a violation of his fiduciary\nobligation for an officer or agent of a labor organization:\n (a) To ha…

§ 724. Obligation of employers and others. No employer, employer\norganization, labor relations consultant or other person shall knowingly\nparticipate in or induce any conduct or act which violates any of the\nobligations of any officer or agent of a labor organization provided…

§ 725. Enforcement of fiduciary obligations. 1. Where an officer or\nagent of a labor organization has violated or is violating any of his\nobligations provided in sections seven hundred twenty-two and seven\nhundred twenty-three, such labor organization and the parent\norganiza…

§ 726. Financial reporting. 1. Every labor organization and employer\norganization shall make available to each of its members a copy of its\nannual financial report, or such portions thereof as the industrial\ncommissioner shall find relevant and appropriate, in such manner as …

§ 727. Accounting requirements. 1. Every labor organization, employer\norganization, employer and labor relations consultant shall maintain\ndetailed and accurate books and records of account in conformity with\ngenerally accepted accounting principles and in accordance with\nst…

§ 728. Enforcement of financial reporting and accounting duties. 1.\nAny officer, agent, or employee of any labor organization or employer\norganization, or any employer or labor relations consultant who wilfully\nfails or refuses to comply with any provision of sections seven h…

§ 728-a. Limitation of prosecutions under this article. A prosecution\nfor a misdemeanor consisting of a violation of any provision of article\ntwenty-A of the labor law must be commenced within two years after the\nfacts constituting the crime have been or, in the exercise of r…

§ 729. Rules and regulations; extensions of time. 1. The industrial\ncommissioner may, from time to time, promulgate, amend and rescind\nappropriate rules and regulations designed to carry out the express\nprovisions and purposes of this article.\n

§ 731. Construction and saving clause. 1. Nothing contained in this\narticle shall be construed to relieve any labor organization, employer\norganization, or any of its officers, agents, employees, representatives\nor members, or any employer or labor relations consultant from\n…

§ 732. Separability. If any provision of this article or the\napplication of such provision to any person or circumstance shall be\nheld invalid, the remainder of this article and the application of such\nprovision to persons or circumstances other than those to which it is\nhel…

§ 733. Definitions. As used in this article:\n 1. "Employer" means any individual, person, corporation, department,\nboard, bureau, agency, commission, division, office, council or\ncommittee of the state government, public benefit corporation, public\nauthority or political sub…

§ 734. Practitioner limitations. 1. It shall be unlawful for any\nindividual to knowingly administer or participate in the administration\nof a psychological stress evaluator examination of an employee or\nprospective employee as defined in section seven hundred thirty-three of\…

§ 735. Employer limitations. 1. No employer or his agent shall\nrequire, request, suggest or knowingly permit any employee or\nprospective employee of such employer to submit to a psychological\nstress evaluator examination and no employer shall administer or utilize\nthe result…

§ 736. Employee rights in related proceedings. No employee shall be\ndischarged, disciplined or discriminated against in any manner for\nfiling a complaint or testifying in any proceeding or action involving\nviolations of the provisions of this article. Any employee discriminat…

§ 737. Supplemental provisions. No individual shall administer or\nparticipate in the administration of a psychological stress evaluator\nexamination within the state to any individual seeking employment\noutside the state of New York or for the purpose of continuing\nemployment…

§ 738. Actions for damages. Any employee or prospective employee\ndamaged as the result of a violation of any of the provisions of this\narticle shall be entitled to file an action for damages in the supreme\ncourt of this state.\n

§ 739. Applicability of article. This article shall only apply to\nemployee and prospective employee-employer relations.\n

§ 740. Retaliatory action by employers; prohibition. 1. Definitions.\nFor purposes of this section, unless the context specifically indicates\notherwise:\n (a) "Employee" means an individual who performs services for and under\nthe control and direction of an employer for wages …

§ 741. Prohibition; health care employer who penalizes employees\nbecause of complaints of employer violations. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n (a) "Employee" means any person who performs health care services fo…

§ 770. Definitions. As used in this article:\n 1. The term "call center" means a facility or other operation whereby\nemployees receive phone calls or other electronic communication for the\npurpose of providing customer assistance.\n 2. (a) The term "call center employer" means…

§ 771. List of relocated call centers. 1. A call center employer that\nintends to relocate a call center or more than thirty percent of a call\ncenter's employees measured as the employment level of the previous\ncalendar month compared to the average employment level at such si…

§ 772. Grants, guaranteed loans and tax benefits. 1. Except as\nprovided in subdivision four of this section and notwithstanding any\nother provision of law, a call center employer that appears on the list\ndescribed in section seven hundred seventy-one of this article shall be\…

§ 773. Procurement contracts. The head of each state agency shall use\nreasonable best efforts to ensure that all state-business-related\ncontracts for call center and customer service work be performed by\nstate contractors or other agents or subcontractors entirely within the\…

§ 774. State benefits for workers. No provision of this article shall\nbe construed to permit withholding or denial of payments, compensation,\nor benefits under any other state law, including but not limited to\nstate unemployment compensation, disability payments or worker\nre…