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ARTICLE · 19 APRIL 2016

Developments Under The Displaced Building Service Worker Protection Act

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In November 2015, the New York City Council's Committee on Civil Service and Labor began consideration of a bill to amend the DBSWPA so as to extend its coverage.

United StatesEmployment and HR
Jerrold F. Goldberg
Jerrold F. Goldberg

The New York City Displaced Building Service Worker Protection Act (DBSWA), NYC Administrative Code §22-505 (DBSWA or the Act), which was signed into law in November 2002, significantly changed the landscape in connection with labor and employment issues upon sales or transfers of real property in New York City, or changes in building service contractors.

While before the Act's enactment, purchasers or replacement managing agents or contractors could not refuse to hire persons because of their union status or to avoid union obligations, purchasers and replacement contractors had no statutory obligation1to offer to hire a predecessor's employees, and thus there was no presumptive continuance of representation of the employees by the predecessor's union.

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