Assembly Bill A8425

2009-2010 Legislative Session

Relates to injunctive relief incidental to employer and employee organization improper practices

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


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

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2009-A8425 (ACTIVE) - Details

See Senate Version of this Bill:
S5542
Current Committee:
Assembly Codes
Law Section:
Civil Service Law
Laws Affected:
Amd ยง209-a, Civ Serv L

2009-A8425 (ACTIVE) - Summary

Relates to injunctive relief incidental to employer and employee organization improper practices; board's judgment may be rendered ineffectual without provisional relief.

2009-A8425 (ACTIVE) - Bill Text download pdf

                            
                    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
              

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