Bill Text: NY S08182 | 2021-2022 | General Assembly | Amended

New York Senate Bill 8182 (Prior Session Legislation)

Bill Title: Defines "irreparable injury, loss or damage" for purposes of injunctive relief.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S08182 Detail]

Download: New_York-2021-S08182-Amended.html




                STATE OF NEW YORK
        ________________________________________________________________________

                                         8182--A
            Cal. No. 542

                    IN SENATE

                                    January 31, 2022
                                       ___________

        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
          -- reported favorably from said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading

        AN  ACT to amend the civil service law, in relation to irreparable inju-
          ry, loss or damage and 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 to the  extent
    16  and  in  the  same manner that such "irreparable injury, loss or damage"
    17  would be the ground for a preliminary injunction  under  section  sixty-
    18  three hundred one of the civil practice law and rules.
    19    §  2.  This act shall take effect immediately; provided, however, that
    20  the amendments to paragraph (a) of subdivision 4 of section 209-a of the
    21  civil service law made by section one of this act shall not  affect  the
    22  repeal of such subdivision and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14357-03-2