S T A T E O F N E W Y O R K
________________________________________________________________________
8425
2009-2010 Regular Sessions
I N A S S E M B L Y
May 20, 2009
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to injunctive relief
incidental to employer and employee organization improper practices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (a), (b), and (d) of subdivision 4 of section
209-a of the civil service law, as added by chapter 695 of the laws of
1994, are amended to read as follows:
(a) A party filing an improper practice charge under this section may
petition the board to obtain injunctive relief, pending a decision on
the merits of said charge by an administrative law judge, upon a showing
that: (i) there is reasonable cause to believe an improper practice has
occurred, and (ii) [where] it appears that [immediate and irreparable
injury, loss or damage will result thereby rendering a resulting judg-
ment on the merits ineffectual necessitating the maintenance of, or
return to, the status quo to provide meaningful relief] THE BOARD'S
RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE MAY BE
RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF.
(b) Within ten days of the receipt by the board of such petition, if
the board determines that a charging party has made a sufficient 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 judgment on the merits
ineffectual necessitating maintenance of, or return to, the status quo
to provide meaningful relief] THE BOARD'S RESULTING JUDGMENT ON THE
MERITS OF THE IMPROPER PRACTICE CHARGE MAY BE RENDERED INEFFECTUAL WITH-
OUT SUCH PROVISIONAL RELIEF, the board shall petition the supreme court,
in Albany county, upon notice to all parties for the necessary injunc-
tive relief or in the alternative may issue an order permitting the
charging party to seek injunctive relief by petition to the supreme
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11808-01-9
A. 8425 2
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.
(d) Injunctive relief may be granted by the court, after hearing all
parties, if it determines that there is reasonable cause to believe an
improper practice has occurred and that it appears that [immediate and
irreparable injury, loss or damage will result thereby rendering a
resulting judgment on the merits ineffectual necessitating maintenance
of, or return to, the status quo to provide meaningful relief] THE
BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE
MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. Such relief
shall expire on decision by an administrative law judge finding no
improper practice to have occurred, successful appeal or motion by
respondent to vacate or modify pursuant to the provisions of the civil
practice law and rules, or subsequent finding by the board that no
improper practice had occurred. The administrative law judge shall
conclude the hearing process and issue a decision on the merits within
sixty days after the imposition of such injunctive relief unless mutual-
ly agreed by the respondent and charging party.
S 2. Paragraphs (a), (b), and (d) of subdivision 5 of section 209-a of
the civil service law, as added by chapter 695 of the laws of 1994, are
amended to read as follows:
(a) A party filing an improper practice charge under section 12-306 of
the administrative code of the city of New York may petition the board
of collective bargaining to obtain injunctive relief before the supreme
court, New York county, pending a decision on the merits by the board of
collective bargaining, upon a showing that: (i) there is reasonable
cause to believe an improper practice has occurred, and (ii) [where] it
appears that [immediate and irreparable injury, loss or damage will
result and thereby rendering a resulting judgment on the merits ineffec-
tual necessitating the maintenance of, or return to, the status quo to
provide meaningful relief] THE BOARD'S RESULTING JUDGMENT ON THE MERITS
OF THE IMPROPER PRACTICE CHARGE MAY BE RENDERED INEFFECTUAL WITHOUT SUCH
PROVISIONAL RELIEF.
(b) Within ten days of the receipt by the board of such petition, if
the board of collective bargaining determines that a charging party has
made a sufficient 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 judgment on the merits ineffectual necessitating maintenance
of, or return to, the status quo to provide meaningful relief] THE
BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE
MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF, said board
shall petition the supreme court in New York county, upon notice to all
parties, for the necessary injunctive relief, or in the alternative said
board may issue an order permitting the charging party to seek injunc-
tive relief by petition to the supreme court, New York county, in which
case said board must be joined as a necessary party. Such application
shall be in conformance with the civil practice law and rules except
that said board, or where applicable, the charging party shall not be
required to give any undertaking or land and shall not be liable for any
damages or costs which may have been sustained by reason of any injunc-
A. 8425 3
tive relief order. If the board of collective bargaining fails to act
within ten days as provided in this paragraph, the board of collective
bargaining, for purposes of review, shall be deemed to have made a final
order determining not to permit the charging party to seek injunctive
relief.
(d) Injunctive relief may be granted by the court, after hearing all
parties, if it determines that there is reasonable cause to believe an
improper practice has occurred and that it appears that [immediate and
irreparable injury, loss or damage will result thereby rendering a
resulting judgment on the merits ineffectual necessitating maintenance
of, or return to, the status quo to provide meaningful relief] THE
BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE
MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. Any injunc-
tive relief granted by the court shall expire upon decision of the board
of collective bargaining finding no improper practice to have occurred
or successful challenge of the said board's decision pursuant to article
seventy-eight of the civil practice law and rules. The said board shall
conclude the hearing process and issue a decision on the merits within
sixty days after the imposition of such injunctive relief unless mutual-
ly agreed by the respondent and charging party.
S 3. This act shall take effect immediately; provided, however, that
the amendments to subdivisions 4 and 5 of section 209-a of the civil
service law made by sections one and two of this act shall not affect
the repeal of such subdivisions and shall expire and be deemed repealed
therewith.