BILL NUMBER: S6214
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the labor law, the public authorities law and the gener-
al municipal law, in relation to requiring labor peace agreements in
contracts for certain retail or distribution projects involving public
agencies
 
PURPOSE:
To require labor. peace agreements be made in contracts for certain
retail or distribution projects involving public agencies and public
authorities.
 
SUMMARY OF PROVISIONS:
Section 1: Amends labor law by adding a new section 222-b, which sets
definitions and establishes a requirement that no public agency shall
enter into any agreement or contract under which the agency has a
proprietary interest in a covered project unless there is a labor peace
agreement between the contractor and any subcontractor and a labor
organization that represents retail or distribution center employees in
the state. The duration of such a labor peace agreement shall be a mini-
mum of five years but may extend beyond that.
Section 1, part 2: Sets provisions for projects that have been deter-
mined to be unable to move forward should a labor peace agreement be
required.
Section 1, part 3: Sets compliance requirements for public agencies to
report to the commissioner of labor, proof of executed labor peace
agreements for projects subject to the new requirements of section
222-b.
Section 2: Amends the public authorities law by adding a new section
2879-d, that requires that all contracts entered into by a public
authority for a covered retail or distribution project shall require
that the contractor or any subcontractor shall enter into a labor peace
agreement with a labor organization that represents retail or distrib-
ution center employees in the state
Section 3: Amends general municipal law by adding a new section 109-e,
which requires that all contracts entered into by an officer, board, or
agency of a political subdivision or any district involving a covered
retail or distribution project shall require a labor peace agreement
with a labor organization representing retail or distribution center
employees in the state.
Section 4: Sets Effective Date
 
JUSTIFICATION:
In projects around New York State (NYS) where the state has a proprie-
tary interest, building and construction trades have project labor
agreements (PLAs) and prevailing wage on public works projects and
building service workers have prevailing wages as well. However, for the
remainder of the "permanent" workforce that will work at a location.
There are no labor standards, and given the low labor density of these
industries, prevailing wage is not an option.
In these situations, Labor Peace Agreements are an effective tool to
ensure workers' protection and welfare while securing a project's
economic viability, utilizing the state's ability to act as a market
participant pursuing its economic interests. In these agreements,
contractors and subcontractors can forge agreements with a relevant
labor organization that secures workers' protections in exchange for
ensuring that workers refrain from disrupting a project for the duration
of its construction.
In requiring labor peace agreements, NYS can protect both workers and
projects in which it has a proprietary interest by securing well-needed
economic and safety protections for non-unionized workers while ensuring
that a project the state has a proprietary interest in is undisrupted
and can meet its stated timelines.
 
LEGISLATIVE HISTORY:
Senate:
2021: N/A
2022: S8383, Referred to Labor
2023: S6894, Referred to Labor
2024: S6894, Referred to Labor
Assembly:
2021: N/A
2022: A10308, Referred to Labor
2023: A8114, Referred to Labor
2024: A8114, Referred to Labor
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.