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Assembly Bill A4343

2011-2012 Legislative Session

Authorizes court to order temporary employee increase during pendency of court ordered injunctive relief in favor of the employer

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Archive: Last Bill Status - In Assembly Committee

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2011-A4343 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd ยง213, Civ Serv L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3560
2013-2014: A4807
2015-2016: A6638
2017-2018: A907
2019-2020: A443
2021-2022: A1484

2011-A4343 (ACTIVE) - Summary

Authorizes court to order temporary employee increase during pendency of court ordered injunctive relief in favor of the employer.

2011-A4343 (ACTIVE) - Bill Text download pdf 

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

                                  4343

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 3, 2011
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Governmental Employees

AN ACT to amend the civil service law, in relation to ordering a  tempo-
  rary  cost  of  living  increase  to employees after a court grants an
  injunction in response to a strike

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (d) of section 213 of the civil service law, as
amended  by  chapter  503  of  the  laws  of 1971, is amended to read as
follows:
  (d) In a proceeding to enforce or review an order of  the  board,  the
court  shall  have  power  to grant such temporary relief or restraining
order as it deems just and proper, and to make and enter a  judgment  or
decree  enforcing,  modifying  and  enforcing as so modified, or setting
aside in whole or in part the order of the board.  IF SUCH COURT  ORDERS
INJUNCTIVE  RELIEF AT THE REQUEST OF THE EMPLOYER, SUCH COURT SHALL ALSO
ORDER A TEMPORARY COST OF LIVING INCREASE IN SALARY TO BE  PAID  BY  THE
EMPLOYER TO THE EMPLOYEES UNTIL AN EMPLOYMENT CONTRACT IS FINALIZED. FOR
PURPOSES  OF  THIS  SUBDIVISION,  SUCH TEMPORARY COST OF LIVING INCREASE
SHALL BE CALCULATED AS  THE  GREATER  OF  EITHER  THE  CURRENT  RATE  OF
INFLATION  AS  DETERMINED BY THE CONSUMER PRICE INDEX AS COMPUTED BY THE
FEDERAL BUREAU OF LABOR STATISTICS OR  THE  AVERAGE  RATE  OF  INFLATION
DURING  THE  EMPLOYEES' MOST RECENT CONTRACT PERIOD; OR, IN THE ALTERNA-
TIVE, AT A RATE DETERMINED BY SUCH COURT.  SUCH COST OF LIVING  INCREASE
SHALL NOT BE BINDING ON THE FINAL NEGOTIATED CONTRACT.
  S 2. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08562-01-1

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