Bill Text: NY S04955 | 2013-2014 | General Assembly | Introduced

New York Senate Bill 4955 (Prior Session Legislation)

Introduced

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 CIVIL SERVICE AND PENSIONS [S04955 Detail]

Download: New_York-2013-S04955-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4955
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      May 1, 2013
                                      ___________
       Introduced  by  Sen.  SAVINO  --  (at  request  of the Public Employment
         Relations Board) -- read twice and ordered printed, and  when  printed
         to be committed to the Committee on Civil Service and Pensions
       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