Title LAB, Labor

§ 702. Special mediators. The board may, when necessary, appoint or designate special mediators who shall have the authority and power of members of the board with regard to such matter, provided that their authority and power to act for the board shall cease upon the conclusion…

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

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

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

§ 704. Unfair labor practices. It shall be an unfair labor practice for an employer: 1. To spy upon or keep under surveillance, whether directly or through agents or any other person, any activities of employees or their representatives in the exercise of the rights guaranteed b…

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

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

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

§ 706. Prevention of unfair labor practices. 1. The board is empowered and directed, as hereinafter provided, to prevent any employer from engaging in any unfair labor practice. This power shall not be affected or impaired by any means of adjustment, mediation or conciliation in…

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

§ 708. Investigatory powers. For the purpose of all hearings and investigations, which, in the opinion of the board, are necessary and proper for the exercise of the powers vested in it by sections seven hundred five and seven hundred six, 1. The board, or its duly authorized ag…

* § 708-a. E-filing program for the purpose of filing papers electronically. 1. Notwithstanding any other provision of law, the New York state public employment relations board shall establish and promulgate rules authorizing an electronic filing program (hereinafter referred to…

§ 709. Punitive provision. Any person who shall wilfully resist, prevent, impede, or interfere with any member of the board or any of its agents or agencies in the performance of duties pursuant to this article, or who shall in any manner interfere with the free exercise by empl…

§ 710. Public records and proceedings. Subject to rules and regulations to be made by the board consistent with article six of the public officers law, the complaints, orders and testimony relating to a proceeding instituted by the board under section seven hundred six of this a…

* § 710-a. Publicly accessible decision index. The board shall establish and maintain a current index, by topic, of the principles of law established by the decisions rendered by the board and its predecessors and the courts concerning matters arising under this article. Such in…

§ 710-b. Electronically available information. The board shall create written materials informing employers and employees of the rights afforded pursuant to this article to be made available on the board's website. Such materials shall be translated into the twelve most common n…

§ 711. Cooperation. The department and the other departments of the state and the officers and employees thereof shall render such assistance to the board as it may request in connection with its work hereunder. The board shall at all times have the cooperation of and shall coop…

§ 712. Repeal of inconsistent provisions. Insofar as the provisions of this article are inconsistent with the provisions of any other general, special or local law, the provisions of this article shall be controlling.

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

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

§ 715. Application of article. 1. The provisions of this article shall not apply to: (a) employees of any employer who concedes to and agrees with the board that such employees are subject to and protected by the provisions of the federal railway labor act; (b) employees where t…

§ 716. Grievances and disputes in non-profitmaking hospitals and residential care centers. 1. As used in this section "grievance" means any controversy or claim arising out of or relating to the interpretation, application or breach of the provisions of an existing collective ba…

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

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

§ 720. Findings and policy. The rights of employees to organize and to bargain collectively through labor organizations of their own choosing have been affirmatively protected by the constitution and statutes of this state and by parallel federal laws. Encouraged by these laws, …

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

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

§ 723. Specific prohibited financial interests and transactions. 1. Without limiting his fiduciary obligation provided in section seven hundred twenty-two, it shall constitute a violation of his fiduciary obligation for an officer or agent of a labor organization: (a) To have, d…

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

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

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

§ 727. Accounting requirements. 1. Every labor organization, employer organization, employer and labor relations consultant shall maintain detailed and accurate books and records of account in conformity with generally accepted accounting principles and in accordance with standa…

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

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

§ 729. Rules and regulations; extensions of time. 1. The industrial commissioner may, from time to time, promulgate, amend and rescind appropriate rules and regulations designed to carry out the express provisions and purposes of this article.

§ 731. Construction and saving clause. 1. Nothing contained in this article shall be construed to relieve any labor organization, employer organization, or any of its officers, agents, employees, representatives or members, or any employer or labor relations consultant from comp…

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

§ 733. Definitions. As used in this article: 1. "Employer" means any individual, person, corporation, department, board, bureau, agency, commission, division, office, council or committee of the state government, public benefit corporation, public authority or political subdivis…

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

§ 735. Employer limitations. 1. No employer or his agent shall require, request, suggest or knowingly permit any employee or prospective employee of such employer to submit to a psychological stress evaluator examination and no employer shall administer or utilize the results of…

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

§ 737. Supplemental provisions. No individual shall administer or participate in the administration of a psychological stress evaluator examination within the state to any individual seeking employment outside the state of New York or for the purpose of continuing employment out…

§ 738. Actions for damages. Any employee or prospective employee damaged as the result of a violation of any of the provisions of this article shall be entitled to file an action for damages in the supreme court of this state.

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

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

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

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

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

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

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