senate Bill S4955

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

download pdf

Sponsor

Bill Status


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

actions

  • 01 / May / 2013
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 08 / Jan / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS

Summary

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

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A6057
Versions:
S4955
Legislative Cycle:
2013-2014
Current Committee:
Senate Civil Service And Pensions
Law Section:
Civil Service Law
Laws Affected:
Amd §209-a, Civ Serv L

Sponsor 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.

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

                                  4955

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09010-01-3

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.