['Unions/Labor Relations']
['Unfair Labor Practices']
04/15/2024
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Summary of differences between federal and state regulations
New York has extensive labor relation laws. These are similar to those of the National Labor Relations Act or Labor-Management Reporting and Disclosure Act, however. These laws are found in the State Labor Relations Act and Labor and Management Improper Practices Act.
New York labor relations law covers all employees except individuals employed by a parent or spouse or domestic service workers.
Unfair labor practices
Under New York law, it is an unfair labor practice for an employer:
- To utilize any state funding appropriated for any purpose to train managers, supervisors or other administrative personnel regarding methods to discourage union organization, or to discourage an employee from participating in a union organizing drive.
- 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 union-related rights.
- To prepare, maintain, distribute or circulate any blacklist of individuals for the purpose of preventing any of such individuals from obtaining or retaining employment because of the exercise by such individuals of any union-related rights.
- To dominate or interfere with the formation, existence, or administration of any employee organization or association, agency or plan which exists in whole or in part for the purpose of dealing with employers concerning terms or conditions of employment, labor disputes or grievances, or to contribute financial or other support to any such organization, by any means
- To require an employee or one seeking employment, as a condition of employment, to join any company union or to refrain from forming, or joining or assisting a labor organization of his own choosing.
- To encourage membership in any company union or discourage membership in any labor organization, by discrimination in regard to hire or tenure or in any term or condition of employment.
- To refuse to bargain collectively with the representatives of employees.
- To refuse to discuss grievances with representatives of employees.
- To discharge or otherwise discriminate against an employee because he has signed or filed any affidavit, petition or complaint or given any information or testimony regarding union-related rights.
- To distribute or circulate any blacklist of individuals exercising any right created or confirmed by this article or of members of a labor organization, or to inform any person of the exercise by any individual of such right, or of the membership of any individual in a labor organization for the purpose of preventing individuals so blacklisted or so named from obtaining or retaining employment.
Right to work
New York has no right to work law. The state allows contract provisions making union membership a condition of employment.
State
Contacts
New York State Employment Relations Board
National Labor Relations Board (Region 3)
National Labor Relations Board (Region 29)
National Labor Relations Board (Region 2)
Public Employment Relations Board (PERB)
Executive Branch employees
Governor’s Office of Employee Relations
Regulations
Right to organize
New York Constitution, Article I, Section 17
Employment Relations Act
New York State Consolidated Laws Article 20, 700 et seq.
Improper practices
Labor and Management Improper Practices Act, Article 20-A
Boards of inquiry in labor disputes
New York Labor Law, Article 22, Sections 800 to 805
Injunctions in labor disputes
New York Labor Law, Article 22-A, Sections 807 and 808
Interfering with union activities
New York General Business Law, Article 7, Section 84
Public Employees' Fair Employment Act (Taylor Law)
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