Bill Text: NY A03756 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Relates to the grounds for which the public employment relations board may seek injunctive relief; defines "irreparable injury, loss or damage".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental employees [A03756 Detail]

Download: New_York-2023-A03756-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          3756

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 7, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
          Committee on Governmental Employees

        AN ACT to amend the civil service law and the  civil  practice  law  and
          rules,  in  relation  to  the  grounds for which the public employment
          relations board may seek injunctive relief

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Paragraph  (a)  of  subdivision 4 of section 209-a of the
     2  civil service law, as added by chapter 695  of  the  laws  of  1994,  is
     3  amended to read as follows:
     4    (a)  A party filing an improper practice charge under this section may
     5  petition the board to obtain injunctive relief, pending  a  decision  on
     6  the merits of said charge by an administrative law judge, upon a showing
     7  that:  (i) there is reasonable cause to believe an improper practice has
     8  occurred, and (ii) where it appears that immediate and irreparable inju-
     9  ry, loss or damage will result thereby rendering a resulting judgment on
    10  the merits ineffectual necessitating the maintenance of, or  return  to,
    11  the  status  quo  to provide meaningful relief. For the purposes of this
    12  subdivision, "irreparable injury, loss or damage" shall include, but not
    13  be limited to loss of employment,  actions  that  adversely  affect  the
    14  health  or  welfare, or permanent loss of an employee right or privilege
    15  established pursuant to a collective bargaining agreement.
    16    § 2. Section 6301 of the civil practice law and rules  is  amended  to
    17  read as follows:
    18    §  6301.  Grounds for preliminary injunction and temporary restraining
    19  order.  A preliminary injunction may be granted in any action  where  it
    20  appears  that  the defendant threatens or is about to do, or is doing or
    21  procuring  or  suffering  to  be  done,  an  act  in  violation  of  the
    22  plaintiff's  rights respecting the subject of the action, and tending to
    23  render the judgment ineffectual, or in any action  where  the  plaintiff
    24  has demanded and would be entitled to a judgment restraining the defend-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07878-01-3
        A. 3756                             2

     1  ant from the commission or continuance of an act, which, if committed or
     2  continued during the pendency of the action, would produce injury to the
     3  plaintiff.  A temporary restraining order may be granted pending a hear-
     4  ing  for  a  preliminary  injunction where it appears that immediate and
     5  irreparable injury, loss or damage will result unless the  defendant  is
     6  restrained  before  the  hearing  can  be had.  For the purposes of this
     7  section, "irreparable injury, loss or damage" shall include, but not  be
     8  limited  to loss of employment, actions that adversely affect the health
     9  or welfare, or permanent loss of an employee right or  privilege  estab-
    10  lished  pursuant  to  a collective bargaining agreement, as set forth in
    11  subdivision four of section two hundred nine-a of the civil service law.
    12    § 3. Subdivision (a) of section 6313 of the  civil  practice  law  and
    13  rules, as amended by chapter 235 of the laws of 1982, is amended to read
    14  as follows:
    15    (a)  Generally.    If,  on  a motion for a preliminary injunction, the
    16  plaintiff shall show that immediate  and  irreparable  injury,  loss  or
    17  damages  will result unless the defendant is restrained before a hearing
    18  can be had, a temporary restraining order may be granted without notice.
    19  Upon granting a temporary restraining order, the  court  shall  set  the
    20  hearing for the preliminary injunction at the earliest possible time. No
    21  temporary restraining order may be granted in an action arising out of a
    22  labor  dispute  as  defined  in section eight hundred seven of the labor
    23  law, nor against a public officer, board or municipal corporation of the
    24  state to restrain the performance of statutory duties.  For the purposes
    25  of this subdivision, "irreparable injury, loss or damage" shall have the
    26  same meaning as set forth in section six thousand three hundred  one  of
    27  this article.
    28    § 4. This act shall take effect immediately.