Bill Text: NY A06057 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to the powers of the public employment relations board concerning injunctive relief in aid of improper practice charges.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental employees [A06057 Detail]

Download: New_York-2013-A06057-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6057
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 13, 2013
                                      ___________
       Introduced  by  M.  of A. ABBATE -- (at request of the Public Employment
         Relations Board) -- read once and referred to the Committee on Govern-
         mental Employees
       AN ACT to amend the civil service law, in relation to the powers of  the
         public  employment relations board concerning injunctive relief in aid
         of improper practice charges
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  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    (b)  Within ten WORKING days of the receipt by the board of such peti-
    5  tion, if the board determines that a charging party has  made  a  suffi-
    6  cient showing both that there is reasonable cause to believe an improper
    7  practice  has  occurred  and  it  appears that immediate and irreparable
    8  injury, loss or damage will result thereby rendering a  resulting  judg-
    9  ment  on  the merits ineffectual necessitating maintenance of, or return
   10  to, the status quo to provide meaningful relief, the board  shall  peti-
   11  tion the supreme court, in Albany county, upon notice to all parties for
   12  the necessary injunctive relief or in the alternative may issue an order
   13  permitting  the  charging party to seek injunctive relief by petition to
   14  the supreme court, in which case the board must be joined as a necessary
   15  party. The board or, where applicable, the charging party, shall not  be
   16  required  to  give  any undertakings or bond and shall not be liable for
   17  any damages or costs which may have been  sustained  by  reason  of  any
   18  injunctive  relief ordered. If the board fails to act within ten days as
   19  provided herein, the board, for purposes of review, shall be  deemed  to
   20  have made a final order determining not to seek injunctive relief.
   21    S  2.  This act shall take effect immediately, provided, however, that
   22  the amendment to subdivision 4 of section 209-a of the civil service law
   23  made by section one of this act shall not  affect  the  repeal  of  such
   24  subdivision and shall be deemed repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09010-01-3