Bill S4955-2013

Relates to the powers of the public employee relations board concerning injunctive relief in aid of improper practice charges

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

Details

Actions

  • Jan 8, 2014: REFERRED TO CIVIL SERVICE AND PENSIONS
  • May 1, 2013: REFERRED TO CIVIL SERVICE AND PENSIONS

Memo

BILL NUMBER:S4955

TITLE OF BILL: 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

Purpose of the Bill: To amend Civil Service Law § 209-a(4)(b) by requiring the Public Employment Relations Board (PERB) to act within 10 working days after receipt of an application for injunctive relief, rather than the current 10 calendar days.

Summary of Provisions:

Section one of the bill would amend Civil Service Law § 209-a(4)(b) to provide that PERB must act within 10 working days of the filing of a petition for injunctive relief by a charging party.

Section two of the bill would provide for an immediate effective date, and provide that the amendment will not affect the expiration of the subdivision and shall be deemed to expire therewith,

Prior Legislative History: This is a new bill.

Statement in Support: Pursuant to Civil Service Law § 209-a(4)(b), a party filing an improper practice charge can petition PERB for injunctive relief pending a determination concerning the merits of its charge "upon a showing that (i) there is reasonable cause to believe that an improper practice has occurred, and (ii) 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."

Civil Service Law § 209-a(4)(b) mandates that within 10 days of receipt of a petition for injunctive relief, PERB must examine the merits of the petition and: (i) initiate a judicial proceeding for appropriate injunctive relief; (ii) authorize the charging party to do so; or (iii) deny the application. Under PERB's Rules of Procedure, a respondent may file a response to the application for injunctive relief within five days following receipt of the petition. 4 NYCRR 204.16.

The proposed amendment to Civil Service Law § 209-a(4)(b) will provide PERB with additional time to act upon a petition for injunctive relief. In particular, it will ensure that PERB will have sufficient time to examine any response that a respondent may choose to file in opposition to the petition, and thereby avoid unnecessary litigation.

Fiscal Implications: None.

Effective Date: This bill would take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4955 2013-2014 Regular Sessions IN SENATE 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: Section 1. Paragraph (b) of subdivision 4 of section 209-a of the civil service law, as added by chapter 695 of the laws of 1994, is amended to read as follows: (b) Within ten WORKING days of the receipt by the board of such peti- tion, if the board determines that a charging party has made a suffi- cient showing both that there is reasonable cause to believe an improper practice has occurred and it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judg- ment on the merits ineffectual necessitating maintenance of, or return to, the status quo to provide meaningful relief, the board shall peti- tion the supreme court, in Albany county, upon notice to all parties for the necessary injunctive relief or in the alternative may issue an order permitting the charging party to seek injunctive relief by petition to the supreme court, in which case the board must be joined as a necessary party. The board or, where applicable, the charging party, shall not be required to give any undertakings or bond and shall not be liable for any damages or costs which may have been sustained by reason of any injunctive relief ordered. If the board fails to act within ten days as provided herein, the board, for purposes of review, shall be deemed to have made a final order determining not to seek injunctive relief. S 2. This act shall take effect immediately, provided, however, that the amendment to subdivision 4 of section 209-a of the civil service law made by section one of this act shall not affect the repeal of such subdivision and shall be deemed repealed therewith.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus