NY State Senate Bill 2009-S5542

Senate Bill S5542

2009-2010 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Jul 16, 2009	committed to rules
Jun 01, 2009	advanced to third reading
May 27, 2009	2nd report cal.
May 26, 2009	1st report cal.448
May 14, 2009	referred to civil service and pensions

co-Sponsors

2009-S5542 (ACTIVE) - Details

See Assembly Version of this Bill:: A8425
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209-a, Civ Serv L

2009-S5542 (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-S5542 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5542

 TITLE OF BILL :
An act to amend the civil service law, in relation to injunctive
relief incidental to employer and employee organization improper
practices


 PURPOSE :
This legislation amends various provisions of Section 209-a of the
Civil Service Law (the Taylor Law) to clarify and modify the standards
governing the issuance of injunctive relief incidental to improper
employer or employee practice charges filed with the Public Employment
Relations Board (PERB) and the New York City Office of Collective
Bargaining (OCB).

 SUMMARY OF PROVISIONS :
§ 1 - amends Paragraphs (a), (b) and (d) of subdivision 4 of section
209-a of the civil service law covering the Public Employment
Relations Board by:

Deleting the following language - "where 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' and
substituting the following language - "the board's resulting judgment

on the merits of the improper practice charge may be rendered
ineffectual without such provisional relief."

§2 - amends Paragraphs (a), (b), and (d) of subdivision 5 of section
209-a of the civil service law covering the New York City Office of
Collective Bargaining by:

Deleting the following language - "where 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' and
substituting the following language - "the board's resulting judgment
on the merits of the improper practice charge may be rendered
ineffectual without such provisional relief."

§3 - provides for an immediate effective date and for the expiration
of this amendment to coincide with the expiration of the entire
statute on injunctive relief.

 EXISTING LAW :
Current law provides that injunctive relief under the Taylor Law may
be granted when:

* there is reasonable cause to believe and improper practice has
occurred; and,
* 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.

 JUSTIFICATION :
The Taylor Law's injunctive relief provision. which were first
established in 1995, were intended to ensure that an effective remedy
could be issued if an improper practice charge is ultimately
determined to have merit.

Unfortunately, however, there have been very few applications for such
relief granted due to contradictory and confusing standards that PERB,
OCB and the court must apply to grant relief.

If enacted, this legislation would clarify and streamline the current
statutory language to ensure that the standard for granting of
injunctive relief corresponds to the reason for such relief.

 LEGISLATIVE HISTORY :
2009 Session: New Legislation

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
Immediately.

2009-S5542 (ACTIVE) - Bill Text download pdf

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

                                  5542

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 14, 2009
                               ___________

Introduced  by  Sen.  SAVINO -- 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 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

S. 5542                             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-

S. 5542                             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.

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Senate Bill S5542

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Sponsored By

Diane J. Savino