S T A T E   O F   N E W   Y O R K
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                                  10764

                          I N  A S S E M B L Y

                             April 20, 2010
                               ___________

Introduced  by  M. of A. JOHN -- read once and referred to the Committee
  on Labor

AN ACT to amend the labor law, in  relation  to  the  representation  of
  child care providers

  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  19-C  to
read as follows:

                              ARTICLE 19-C
                 REPRESENTATION OF CHILD CARE PROVIDERS

SECTION 695-A. STATEMENT OF PUBLIC POLICY; FINDINGS.
        695-B. DEFINITIONS.
        695-C. REPRESENTATION UNITS.
        695-D. PROCEDURE FOR RECOGNITION.
        695-E. CHALLENGES.
        695-F. APPLICATION OF THIS ARTICLE.
        695-G. LEGAL EFFECT.

  S  695-A.  STATEMENT  OF  PUBLIC  POLICY;  FINDINGS.  THE  LEGISLATURE
DECLARES THAT IT IS THE PUBLIC POLICY OF THE STATE AND  THE  PURPOSE  OF
THIS ACT TO CREATE A FRAMEWORK FOR CHILD CARE PROVIDERS TO SECURE REPRE-
SENTATION TO HELP IMPROVE THE ENVIRONMENT IN WHICH THEY WORK.
  THE LEGISLATURE HEREBY FINDS CHILD CARE PROVIDERS PERFORM AN ESSENTIAL
SERVICE  FOR  WORKING  PARENTS AND GUARDIANS IN THIS STATE BY CREATING A
SAFE, EDUCATIONAL AND ENJOYABLE HOME-LIKE ENVIRONMENT  FOR  THEIR  CHIL-
DREN.  MANY  OF  NEW  YORK'S  CHILDREN SPEND A SIGNIFICANT PART OF THEIR
CRUCIAL EARLY YEARS OF DEVELOPMENT UNDER THE SUPERVISION OF  CHILD  CARE
PROVIDERS.  IT  IS  IN THE BEST INTEREST OF NEW YORK STATE TO MAINTAIN A
CHILD CARE DELIVERY SYSTEM THAT FOSTERS QUALITY CHILD CARE  OPTIONS  AND
COMPENSATION, AND BENEFITS AND WORKING CONDITIONS FOR CHILD CARE PROVID-
ERS COMMENSURATE WITH THE VALUE OF THE WORK THEY PERFORM.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16805-01-0
              

A. 10764                            2

  ACCORDINGLY CHILD CARE PROVIDERS ARE HEREBY GIVEN THE OPTION TO ORGAN-
IZE  THEMSELVES AND SELECT REPRESENTATIVES FOR THE PURPOSE OF DISCUSSING
WITH THE STATE THE CONDITIONS OF  THEIR  EMPLOYMENT,  THE  STABILITY  OF
FUNDING AND OPERATIONS OF CHILD CARE PROGRAMS AND THE EXPANSION OF QUAL-
ITY CHILD CARE.
  S  695-B.  DEFINITIONS. AS USED IN THIS ARTICLE, "CHILD CARE PROVIDER"
SHALL MEAN:
  1. AN OPERATOR OF A GROUP FAMILY DAY CARE HOME AS DEFINED IN PARAGRAPH
(D) OF SUBDIVISION ONE OF SECTION THREE HUNDRED  NINETY  OF  THE  SOCIAL
SERVICES LAW OR
  2.  A  FAMILY DAY CARE HOME AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION
ONE OF SECTION THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR
  3. AN INDIVIDUAL PROVIDING CHILD CARE IN  REFERENCE  TO  ONE  OR  MORE
CHILDREN  WHO  ARE RECEIVING CHILD CARE ASSISTANCE UNDER TITLE FIVE-C OF
ARTICLE SIX OF THE SOCIAL SERVICES LAW  UNDER  CIRCUMSTANCES  WHERE  THE
INDIVIDUAL  IS  NOT  REQUIRED TO BE LICENSED OR REGISTERED UNDER SECTION
THREE HUNDRED NINETY OF THE SOCIAL SERVICES LAW OR TO BE LICENSED  UNDER
THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK.
  S  695-C. REPRESENTATION UNITS. FOR PURPOSES OF THIS ARTICLE ONLY, NEW
YORK'S CHILD CARE PROVIDERS SHALL BE DIVIDED  INTO  FOUR  REPRESENTATION
UNITS AS FOLLOWS:
  1.  ALL  CHILD CARE PROVIDERS IN NEW YORK CITY WHO ARE PAID FROM FUNDS
ADMINISTERED BY NEW YORK CITY PURSUANT TO SECTION FOUR HUNDRED TEN-U  OF
THE SOCIAL SERVICES LAW.
  2.  ALL  REGISTERED  OR LICENSED CHILD CARE PROVIDERS IN NEW YORK CITY
WHO ARE NOT PAID FROM FUNDS ADMINISTERED BY NEW YORK  CITY  PURSUANT  TO
SECTION FOUR HUNDRED TEN-U OF THE SOCIAL SERVICES LAW.
  3. ALL REGISTERED OR LICENSED CHILD CARE PROVIDERS OUTSIDE THE CITY OF
NEW YORK AND
  4.  ALL  CHILD  CARE PROVIDERS OUTSIDE NEW YORK CITY WHO PROVIDE CHILD
CARE IN A RESIDENCE TO ONE OR MORE CHILDREN WHO ARE RECEIVING CHILD CARE
ASSISTANCE UNDER TITLE 5-C OF ARTICLE SIX OF  THE  SOCIAL  SERVICES  LAW
UNDER  CIRCUMSTANCES WHERE THE INDIVIDUAL IS NOT REQUIRED TO BE LICENSED
OR REGISTERED UNDER SECTION THREE HUNDRED NINETY OF THE SOCIAL  SERVICES
LAW.
  S  695-D.  PROCEDURE FOR RECOGNITION. 1. FOR THE PURPOSE OF THIS ARTI-
CLE, NEW YORK STATE SHALL RECOGNIZE AS THE REPRESENTATIVE OF  THE  CHILD
CARE   PROVIDERS   IN   ANY  UNIT  SET  FORTH  IN  SECTION  SIX  HUNDRED
NINETY-FIVE-C OF THIS ARTICLE EACH REPRESENTATIVE AS IS DESIGNATED BY  A
MAJORITY  OF  THE PROVIDERS IN THE UNIT PURSUANT TO THE FOLLOWING PROCE-
DURE: A PERSPECTIVE REPRESENTATIVE MAY DEMONSTRATE MAJORITY  DESIGNATION
UPON SUBMISSION OF AUTHORIZATION CARDS, APPROVED WITHIN TWELVE MONTHS OF
THIS  SUBMISSION, BY THE MAJORITY OF PROVIDERS IN THE UNIT, TO THE STATE
EMPLOYMENT RELATIONS BOARD  (SERB)  OR  ANY  SUCCESSOR  AGENCY  FOR  THE
PURPOSE OF REVIEW.  THE SERB  AND/OR ITS DESIGNEE SHALL REVIEW THE CARDS
AND  IF  IT  DETERMINES THAT THE CARDS CONSTITUTE AT LEAST FIFTY PERCENT
PLUS ONE OF THE PROVIDERS IN THE UNIT AT  ISSUE,  THEN  THE  SERB  SHALL
CERTIFY THE PARTY MAKING APPLICATION AS THE DESIGNATED REPRESENTATIVE OF
THE  UNIT.    IF  THE SERB DETERMINES THAT CARDS SUBMITTED CONSTITUTE AT
LEAST THIRTY PERCENT OF PROVIDERS IN THE UNIT AT  ISSUE,  BUT  NOT  MORE
THAN FIFTY PERCENT, IT SHALL CONDUCT AN ELECTION IN A MANNER DIRECTED BY
THE  SERB  AND CONSISTENT WITH ITS STANDARD ELECTION PROCEDURE TO DETER-
MINE IF A MAJORITY OF MEMBERS DESIGNATE THE PROSPECTIVE REPRESENTATIVE.
  2. ANY RELEVANT STATE AGENCY, INCLUDING THE  OFFICE  OF  CHILDREN  AND
FAMILY  SERVICES  SHALL  PROVIDE  THE SERB WITH INFORMATION NECESSARY TO
DETERMINE THE SIZE OF THE UNITS AND THE IDENTITIES OF  MEMBERS  OF  SAID

A. 10764                            3

UNIT  SUBJECT  TO ANY LIMITATIONS OR DISSEMINATION OF INFORMATION AS THE
AGENCY BELIEVES NECESSARY TO PROTECT CONFIDENTIALITY,  OR  AS  OTHERWISE
REQUIRED BY LAW.
  S  695-E.  CHALLENGES.  ANY PARTY SEEKING TO CHALLENGE THE STATUS OF A
UNIT REPRESENTATIVE MAY SUBMIT INFORMATION TO THE SERB. THE  SERB  SHALL
DETERMINE WHETHER THE INFORMATION PROVIDES A REASONABLE BASIS TO CONSTI-
TUTE THAT A MAJORITY OF THE UNIT WISHES TO BE REPRESENTED BY A DIFFERENT
REPRESENTATIVE  OR  A MAJORITY OF THE UNIT DECIDES NO REPRESENTATION. IF
THE SERB SO DETERMINES, IT SHALL ADOPT A PROCESS IT  BELIEVES  WARRANTED
TO  ASCERTAIN  THE MAJORITY'S CHOICE OF REPRESENTATION, INCLUDING BY THE
SUBMISSION OF AUTHORIZATION CARDS OR ELECTION, UNLESS SUCH  PROCESS  HAS
BEEN UNDERTAKEN IN THE PREVIOUS TWO YEARS.
  S  695-F.   APPLICATION OF THIS ARTICLE. 1. THE OFFICE OF CHILDREN AND
FAMILY SERVICES SHALL MEET WITH THE DESIGNATED REPRESENTATIVE  OF  THOSE
UNITS  OF  CHILD  CARE  PROVIDERS, EITHER JOINTLY OR SEPARATELY, FOR THE
PURPOSE OF ENTERING INTO A WRITTEN AGREEMENT TO THE EXTENT FEASIBLE. THE
AGREEMENT MAY ADDRESS THE STABILITY, FUNDING AND OPERATION OF CHILD CARE
PROGRAMS, EXPANSION OF QUALITY CHILD CARE, IMPROVEMENT OF WORKING CONDI-
TIONS, SALARIES AND BENEFITS AND PAYMENT FOR CHILD  CARE  PROVIDERS.  IF
ISSUES  UNDER  DISCUSSION  REQUIRE  THE PARTICIPATION AND/OR APPROVAL OF
OTHER  STATE  AGENCIES,  THOSE  AGENCIES  SHALL   PARTICIPATE   IN   THE
DISCUSSIONS.  NOTHING  HEREIN SHALL REQUIRE THAT AN AGREEMENT BE REACHED
ON ANY MATTERS DESCRIBED ABOVE.
  2. IN THE EVENT AN AGREEMENT IS REACHED, IT SHALL BE EMBODIED IN WRIT-
ING BETWEEN THE  OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES  AND  OTHER
AFFECTED AGENCIES AND THE DESIGNATED REPRESENTATIVE. THE AGREEMENT SHALL
BE  BINDING  ON THE STATE, CONTINGENT UPON ANY REGULATORY OR LEGISLATIVE
ACTION THAT MAY BE REQUIRED.
  3. IF LEGISLATIVE OR REGULATORY ACTION OR APPROPRIATION  OF  FUNDS  IS
REQUIRED THE PARTIES WILL JOINTLY SEEK SUCH ACTION.
  S 695-G. LEGAL EFFECT. NOTHING HEREIN SHALL:
  1.  PERMIT  CHILD CARE PROVIDERS COLLECTIVELY THE RIGHT TO ENGAGE IN A
STRIKE OR TO TAKE WORK ACTION TO SECURE ANY RIGHT OR PRIVILEGE FROM  THE
STATE OR ITS AGENCIES;
  2.  RENDER A CHILD CARE PROVIDER A STATE OFFICER OR EMPLOYEE OR IN ANY
WAY IMPLY AN EMPLOYEE-EMPLOYER RELATIONSHIP WITH THE STATE OR ITS SUBDI-
VISIONS, INCLUDING BUT NOT LIMITED TO A PUBLIC RETIREMENT SYSTEM, PUBLIC
HEALTH INSURANCE PROGRAM, UNEMPLOYMENT INSURANCE, WORKERS  COMPENSATION,
DISABILITY COVERAGE, NEW YORK CIVIL SERVICE LAW OR INDEMNIFICATION UNDER
THE PUBLIC OFFICERS LAW;
  3.  ALTER  ANY CURRENT REGULATIONS, POLICIES OR PROCEDURES FOR HEALTH,
SAFETY, DISCIPLINE INSPECTION OR ENFORCEMENT APPLICABLE  TO  CHILD  CARE
PROVIDERS OR PROGRAMS UNLESS AGREED TO AND ENACTED;
  4.  INTERFERE  WITH  THE  EXISTING  RELATIONSHIP BETWEEN CONSUMERS AND
CHILD CARE PROVIDERS INCLUDING EXISTING RIGHTS OF PARENTS  OR  GUARDIANS
TO CHANGE OR TERMINATE A PROVIDER'S SERVICE;
  5.  INTERFERE  WITH  ANY ABILITY OF CHILD CARE PROVIDERS OR CHILD CARE
PROVIDER REPRESENTATIVES TO MEET OR CORRESPOND  WITH  ANY  STATE  AGENCY
WITH REGARD TO ANY MATTER OF RELEVANCE; AND
  6. CREATE ANY CONTRACTUAL RIGHT OR OBLIGATIONS.
  S 2. This act shall take effect immediately.