Library Employment Contracts
Question
Are public library systems and public libraries (association, municipal, special district, school district) required to pay prevailing wage? It is highly recommended to pay the prevailing wage for work done using the NY State Aid for Library Construction Program funds. What about other projects - like electrician, snow removal, plowing, and plumbing that do not go out to bid?
Answer
The "Prevailing Wage Rate" (or "PWR") is a pay equity concept found in Article 8 and Article 9 of the New York State Labor Law.
Article 8 addresses PWR in construction contracts.
Article 9 addresses PWR in service contracts.
Question
Our Board of Trustees is searching for a new director. Our Library has transitioned from a very small building to a modern, significantly larger building. As a public library, the school district we serve has a population of more than 18,000. Our former director did not have a contract.
Answer
Regular readers of "Ask the Lawyer" know one of the cardinal rules is: "Do not reinvent the wheel." So, before working on this reply, we[1] checked the "NY Library Trustees Handbook (2018),"[2] which has a whole section on hiring library directors.
Question
I understand that, as employers of a union shop, the library is required to allow the union a reasonable amount of time to conduct union business.[1] However, how much time is reasonable? Can employees meet with their shop stewards on the clock at the library for 5+ hours a week, taking both away from their duties? Is there a ballpark?
Answer
The care required when addressing union-related issues in so critical, we're going to start with a small cautionary poem:
