New York State Collective Bargaining Statutes

New York City enters into extraordinary contracts that often make getting things done in the schools almost impossible. Why? Because, well, it is the law. The New York State Labor Relations Act (Art. 20 of Chap. 31 of the New York State Consolidated Laws) governs collective bargaining in New York State with respect to:

1. employers who agree that their employees are subject to the NLRB or FRLA; and
2. employees of the state or of any political or civil subdivision or other agency thereof. (§715).

In other words, it applies to schools.

The Act:

• Declares it the public policy of the state to encourage the practice of collective bargaining;
• Makes refusal to engage in collective bargaining -- or to undermine union activities in any number of other ways -- an unfair employer labor practice;
• Creates a labor relations board empowered to intervene in labor disputes, assist in negotiating and drafting agreements, and arbitrate or mediate in the event of a dispute between the parties to a collective bargaining agreement;
• The board has the further power to issue complaints and hold hearings against employers accused of engaging in unfair labor practices. The board may make findings and issue orders, including:
  • Awarding back pay;
  • Reinstating employees;
  • Requiring that an employer cease and desist in unfair labor practices and make reports from time to time showing compliance with orders;
• With respect to complaints, hearings, and investigations, the board is authorized to engage in a broad range of discovery, including the use of subpoena power and the power to hold people in contempt;
• Willful resistance to the powers of the board can result in a fine of up to $5,000 and imprisonment for not more than one year -- or both.

For details, see the following collective bargaining agreements:

• Contracts Negotiated by the United Federation of Teachers:
  • Teachers;
  • Attendance Teachers;
  • Day-to-Day Substitute Teachers;
  • Guidance Counselors;
  • Laboratory Specialists and Technicians;
  • Art Institute of New York City;
  • Nurses and Therapists;
  • Para-Professionals;
  • Secretaries;
  • Social Workers.
• Contract with the Council of School Supervisors and Administrators
  • There is one contract covering school supervisors and administrators, to include Principals, Assistant Principals, Supervisors of Principals, and Education Administrators;
  • It covers supervisors with 173 different job titles.
• Contracts with the Service Employees International Union Local 300 and SEIU Local 306
  • Security Guards;
  • Janitors.
• Contracts with District Council 37 of the American Federation of State, County, and Municipal Employees and with Local Unions under DC 37

Read "A Guide to Work Rules in the New York City Public Schools" here.

Read the New York State Labor Relations Act, and click here for a description of how the Labor Management Relations Act (also known as The Taft-Hartley Labor Act) interacts with the collective bargaining law and contracts.