Bill S7451-2009

Allows child care providers to organize themselves and select representatives for the purposes of discussing with the state the conditions of their employment

Allows child care providers to organize themselves and select representatives for the purposes of discussing with the State the conditions of their employment and the operations of child care programs.

Details

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  • Law:

Actions

  • Oct 8, 2010: APPROVAL MEMO.31
  • Oct 1, 2010: SIGNED CHAP.540
  • Sep 20, 2010: DELIVERED TO GOVERNOR
  • Jun 29, 2010: returned to senate
  • Jun 29, 2010: passed assembly
  • Jun 29, 2010: ordered to third reading cal.962
  • Jun 29, 2010: substituted for a10764
  • Jun 17, 2010: referred to labor
  • Jun 17, 2010: DELIVERED TO ASSEMBLY
  • Jun 17, 2010: PASSED SENATE
  • Jun 16, 2010: ORDERED TO THIRD READING CAL.1022
  • Jun 15, 2010: COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • Jun 7, 2010: REPORTED AND COMMITTED TO FINANCE
  • Apr 12, 2010: REFERRED TO LABOR

Votes

VOTE: COMMITTEE VOTE: - Labor - Jun 7, 2010
Ayes (10): Onorato, Stachowski, Breslin, Dilan, Klein, Savino, Stewart-Cousins, Perkins, Addabbo, McDonald
Ayes W/R (2): Robach, Alesi
Nays (3): Marcellino, Fuschillo, Leibell
Excused (1): Morahan
VOTE: COMMITTEE VOTE: - Rules - Jun 16, 2010
Ayes (17): Smith, Espada, Stachowski, Montgomery, Duane, Hassell-Thompson, Krueger, Parker, Serrano, Stewart-Cousins, Dilan, Klein, Valesky, Skelos, Padavan, Volker, LaValle
Ayes W/R (5): Farley, Seward, Hannon, Larkin, Saland
Nays (1): Johnson O

Memo

BILL NUMBER:S7451

TITLE OF BILL: An act to amend the labor law, in relation to the representation of child care providers

PURPOSE: Makes permanent the right of home-based child care providers to unionize. The right was granted by an executive order under Governor Spitzer and continued under Governor Paterson.

SUMMARY OF PROVISIONS: Section 1. Adds a new article 19-C to the Labor Law consisting of the following seven sections:

§ 695-a. Sets forth the statement of public policy regarding the right of home-based child care providers to be represented by a labor union.

§ 695-b. Sets forth definitions.

§ 695-c. Creates four representation units, including one that contains all child care providers in New York City who are paid from funding administered by the City of New York pursuant to §410-U of the Social Services Law; a unit of registered or licensed child care providers in New York City who are not paid from funds administered by the city pursuant to §410-U of the Social Services Law; a unit of all registered or licensed child care providers outside of the City of New York; and a unit of child care providers outside New York City who provide child care, in a residence under Title 5-C of the Social Service Law where the individual is not required to be licensed or registered under § 390 of the Social Service Law.

§ 695-d. Sets forth procedures for union recognition.

§ 695-e. Establishes how a party can challenge the status of a unit representative with the State Employee Relations Board or its successor.

§ 695-f. Requires the Office of Children and Family Services (OCFS) to meet with the designated representative to enter into a written agreement for the operation of child care programs.

§ 695-g. Forbids child care providers from striking or other work actions and explicitly states that child care providers are not state employees.

Section 2. This bill would take effect immediately.

EXISTING LAW: Executive Order 12 of 2007 (Spitzer) which was continued by Executive Order 9 of 2008 (Paterson) provided the right to unionize for home-based child care providers.

JUSTIFICATION: Child care providers perform an essential service for working parents in this state by offering a safe, educational, affordable, and enjoyable home-like environment for children. Many of New York's children spend a significant part of their early years, which are critical for development, under the supervision of child care providers. It is in the best interest of the state to develop a child care delivery system that fosters quality child care options for working families whose child care needs are not currently always being met by traditional child care programs.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 7451 IN SENATE April 12, 2010 ___________
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed 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.
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
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.

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