S T A T E   O F   N E W   Y O R K
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                                  7664

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              May 29, 2013
                               ___________

Introduced  by  M. of A. HEASTIE -- (at request of the Public Employment
  Relations Board) -- read once and referred to the Committee on Labor

AN ACT to amend the labor law, in relation to the power  of  the  public
  employment relations board to investigate unfair labor practices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 706 of the labor law, as added  by
chapter 443 of the laws of 1937, is amended to read as follows:
  2. Whenever a charge has been made that any employer has engaged in or
is  engaging  in any unfair labor practice, the board OR ITS AGENT shall
have THE power to [issue and cause to be served] SERVE upon such employ-
er [a complaint stating the charges in that  respect  and  containing  a
notice  of  hearing before the board at a place therein fixed to be held
not less than seven days after the serving of said complaint] A COPY  OF
THE  CHARGE  THAT WAS FILED WITH THE BOARD AND A NOTICE SETTING THE DATE
FOR THE SERVICE AND FILING OF AN ANSWER. Any such [complaint] CHARGE may
be amended [by the board or its agent  conducting  the  hearing  at  any
time]   FROM TIME TO TIME prior to the issuance of an order based there-
on.  The EMPLOYER OR THE person so [complained of]  CHARGED  shall  have
the  right  to  file an answer to the original or amended [complaint not
less than five days after  the  service  of  such  original  or  amended
complaint] CHARGE and to appear in person or otherwise to give testimony
at  the place and time set [in the complaint] BY THE BOARD OR ITS AGENT.
In the discretion of a member or agent conducting the hearing, or of the
board, any other person may be allowed to intervene in the said proceed-
ing and to present testimony. In any such proceeding the  board  or  its
agent  shall  not  be bound by technical rules of evidence prevailing in
the courts of law or equity.
  S 2. Subdivision 5 of section 708 of the  labor  law,  as  amended  by
chapter 496 of the laws of 1963, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09000-01-3

              

A. 7664                             2

  5.  [Complaints]  CHARGES,  PETITIONS,  orders,  and other process and
papers of the board, its member, agent, or agency, may be served  either
personally  or  by  [certified  or registered] REGULAR mail [or by tele-
graph] or by leaving a copy thereof at the [principle] PRINCIPAL  office
or  place  of business of the person required to be served. The verified
return by the individual so serving the same setting forth the manner of
such service shall be proof of the same, and  the  return  [post-office]
POST  OFFICE receipt [or telegraph receipt] therefor when registered and
mailed [or telegraphed] as aforesaid shall be proof of  service  of  the
same.  Witnesses summoned before the board, its member, agent, or agency
shall be paid the same fees and mileage that are paid witnesses  in  the
courts  of this state, and witnesses whose depositions are taken and the
person taking the same shall severally be entitled to the same  fees  as
are  paid  for  like  services in the courts of this state. FINAL ORDERS
ISSUED BY THE BOARD SHALL BE SERVED UPON THE PARTIES  BY  REGISTERED  OR
CERTIFIED MAIL.
  S 3. This act shall take effect immediately.