senate Bill S4249

Signed by Governor

Relates to the power of the public employment relations board to investigate unfair labor practices

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 15 / Mar / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 21 / May / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 21 / May / 2013
    • ORDERED TO THIRD READING CAL.735
  • 22 / May / 2013
    • PASSED SENATE
  • 22 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 22 / May / 2013
    • REFERRED TO LABOR
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A7664
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.550
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 02 / Jul / 2013
    • DELIVERED TO GOVERNOR
  • 12 / Jul / 2013
    • SIGNED CHAP.148

Summary

Relates to the power of the public employment relations board to investigate unfair labor practices.

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Bill Details

See Assembly Version of this Bill:
A7664
Versions:
S4249
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Amd §§706 & 708, Lab L

Sponsor Memo

BILL NUMBER:S4249

TITLE OF BILL: An act to amend the labor law, in relation to the
power of the public employment relations board to investigate unfair
labor practices

Purpose of the Bill:

This bill would amend procedures under the New York State Employment
Relations Act (SERA), Labor Law §§ 700 et seq., regarding unfair labor
practices and the service of pleadings, orders and other papers by the
Public Employment Relations Board (PERB).

Summary of Provisions:

Section 1 of the bill would amend Labor Law § 706(2) by eliminating
the responsibility of PERB to investigate unfair labor practice
charges alleging violations of Labor Law §§ 704 and 704-a, and to
issue and prosecute complaints with respect to those charges,
consistent with its responsibilities under the Taylor Law.

Section 2 of the bill would amend Labor Law § 708(5) to delete
reference to the telegraph as an acceptable means of service under
SERA. The bill would also eliminate the need for PERB to utilize
certified or registered mail as a means of mail service for all
pleadings, orders and other papers, rather than first-class mail.
Under the proposed amendment, PERB would be required to continue
serving final orders issued by the PERB Board by certified or
registered mail.

Section 3 of the bill provides for an immediate effective date.

Prior Legislative History:

A Similar bill, A8008-A./S4016-A, was introduced in the 2012
legislative session.

Statement in Support:

SERA is New York's private sector collective bargaining law for
employees and employers who are not covered by the National Labor
Relations Act and the Railway Labor Act. Effective July 22, 2010, PERB
became responsible for administering SERA along with its
responsibilities under the Public Employees' Fair Employment Act,
which is commonly known as the Taylor Law.

In contrast with PERB's practices under the Taylor Law, Labor Law
706(2) includes an investigatory and prosecutorial role for PERB in
the processing of private sector unfair labor practice charges. The
provision requires PERB to investigate a private sector unfair labor
practice charge filed against a private employer and to issue or
decline to issue a complaint against that employer. Retention of SERA'
s outdated unfair labor practice procedure creates the potential for
allegations of partiality, because PERB also has the responsibility of
mediating private sector negotiation impasses and strikes under SERA.


The proposed amendment to Labor Law § 706(2) seeks to harmonize the
procedures for unfair labor practice charges under SERA with PERB's
decades-old procedures for the processing of improper practice charges
under Civil Service Law § 209-a. At the same time, the proposal seeks
to retain the agency's reputation for neutrality by eliminating the
statutory obligation to issue a complaint following an investigation
after the filing of an unfair labor practice charge under SERA.

Fiscal Implications:

None.

Effective Date:

This bill would take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4249

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 15, 2013
                               ___________

Introduced  by  Sen.  GOLDEN  --  (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 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

S. 4249                             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.

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