Relates to subpoenas in proceedings before the public employment relations board; relates to exclusions from article 23 of the civil practice law and rules.
TITLE OF BILL:
An act to amend the labor law, in relation to subpoenas in proceedings before the public employment relations board; and to repeal section 2310 of the civil practice law and rules, relating to exclusions from article 23 of such law
This bill would eliminate a conflict in the statutory law by repealing CPLR §2310, and amending Labor Law §708, to provide that subpoenas regarding matters pending before the Public Employment Relations Board (PERB) under Labor Law Article 20 would be subject to Civil Service Law §205.5 and the regulations promulgated thereunder.
SUMMARY OF PROVISIONS:
Section 1 of the bill would repeal CPLR §2310, which states that subpoenas issued by the State Labor Relations Board are not subject to CPLR Article 23.
Section 2 of the bill would amend Labor Law §708 to add a new subsection to state that subpoenas under Labor Law Article 20 would be subject Civil Service Law §205(k) and the rules and regulations promulgated under Civil Service Law §205(l).
Section 3 of the bill would provide that the bill will become effective immediately.
In 2010, Civil Service Law §205.5 and Labor Law § 717 were amended to transfer to PERB the multiple responsibilities associated with administering Labor Law Article 20. As a result of that legislation, PERB superseded three former state agencies and now performs the duties of those abolished agencies: the State Labor Relations Board, the State Employment Relations Board and the State Mediation Board.
CPLR §2310 provides that "(t)he provisions of this article shall not apply to subpoenas issued in proceedings before the New York state labor relations board." This CPLR provision, however, is inconsistent with Civil Service Law §205.5(k), which provides that "(f)or the purpose of such hearings and inquiries, to administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, compel the attendance of witnesses and the production of documents by the issuance of subpoenas, and delegate such powers to any member of the board or person appointed by the board for the performance of its functions. Such subpoenas shall be regulated and enforced under the civil practice law and rules."
PERB has promulgated regulations with respect to administrative subpoenas consistent with its authority under Civil Service Law
§205.5(1). The existing regulations originally promulgated for subpoenas by the State Labor Relations Board under Labor Law Article 20 are inconsistent with PERB's regulations.
This is a new bill.
STATEMENT IN SUPPORT:
The 2010 legislation amending Civil Service Law §205.5 and Labor Law
§717 has created a direct statutory conflict concerning the applicability of CPLR Article 23 to subpoenas concerning matters pending before PERB. The proposed legislation will end the conflict by making all subpoenas at PERB subject to the CPLR, Civil Service Law §205.5(k), and PERB's current rules concerning subpoenas. Eliminating the conflict will ensure administrative efficiencies and avoid litigation.
This bill would have not any adverse fiscal impact.
This bill will not have any impact on local governments.
This bill would take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 7396 IN SENATE May 7, 2012 ___________Introduced by Sen. ROBACH -- (at request of the Public Employment Relations Board) -- read twice and ordered printed, and when printed to be committed to the Committee on Labor AN ACT to amend the labor law, in relation to subpoenas in proceedings before the public employment relations board; and to repeal section 2310 of the civil practice law and rules, relating to exclusions from article 23 of such law THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 2310 of the civil practice law and rules is REPEALED. S 2. Section 708 of the labor law is amended by adding a new subdivi- sion 8 to read as follows: 8. SUBPOENAS UNDER THIS ARTICLE SHALL BE SUBJECT TO PARAGRAPH (K) OF SUBDIVISION FIVE OF SECTION TWO HUNDRED FIVE OF THE CIVIL SERVICE LAW AND THE RULES AND REGULATIONS PROMULGATED UNDER PARAGRAPH (L) OF SUBDI- VISION FIVE OF SECTION TWO HUNDRED FIVE OF THE CIVIL SERVICE LAW. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14674-01-2