Extends provisions relating to civil service law and injunctive relief in improper practice cases.
TITLE OF BILL: An act to amend chapter 695 of the laws of 1994 amending the civil service law relating to injunctive relief in improper practice cases, in relation to extending the effectiveness of provisions contained therein
PURPOSE OR GENERAL IDEA OF BILL: This bill intends to continue to provide for an expedited method to resolve improper labor practice issues.
SUMMARY OF SPECIFIC PROVISIONS: This bill would extend the provisions relating to injunctive relief from June 30, 2011 to June 30, 2013.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER: This bill would extend the applicability of injunctive relief in public employment improper practice cases for two years. Current law provides that injunctive relief under the Taylor Law may be granted when:
o there is reasonable cause to believe and improper practice has occurred; and,
o where it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating the maintenance of, or return to, the status quo to provide meaningful relief
JUSTIFICATION: Injunctive relief was enacted in 1994 to provide an expedited method to resolve improper practice cases in the public sector where there was deemed to be immediate and irreparable harm. Since it took effect in 1995, it has enabled labor and management to resolve numerous issues. It is, therefore, appropriate that this law be extended.
PRIOR LEGISLATIVE HISTORY: Chapter 172 of the Laws of 1997 Chapter 108 of the Laws of 1999 Chapter 46 of the Laws of 2001 Chapter 90 of the laws of 2003 Chapter 29 of the laws of 2005 Chapter 11 of the laws of 2007 Chapter 29 of the laws of 2009
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.
EFFECTIVE DATE: Immediately.
STATE OF NEW YORK ________________________________________________________________________ 4135 2011-2012 Regular Sessions IN SENATE March 21, 2011 ___________Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend chapter 695 of the laws of 1994 amending the civil service law relating to injunctive relief in improper practice cases, in relation to extending the effectiveness of provisions contained therein THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2 of chapter 695 of the laws of 1994 amending the civil service law relating to injunctive relief in improper practice cases, as amended by chapter 29 of the laws of 2009, is amended to read as follows: S 2. This act shall take effect January 1, 1995, provided, however, that subdivisions 4 and 5 of section 209-a of the civil service law, as added by section one of this act, shall expire and be deemed repealed
[on]June 30, 2013. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06283-01-1