Assembly Bill A8008A

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

                                 8008--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 25, 2011
                               ___________

Introduced by M. of A. WRIGHT -- read once and referred to the Committee
  on  Labor -- reported and referred to the Committee on Codes -- recom-
  mitted to the Committee on Codes in accordance with Assembly  Rule  3,
  sec.  2  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the labor law, in  relation  to  powers  of  the  public
  employment relations board to investigate unfair labor practices

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

  Section 1. Subdivision 2 of section 706 of the labor law, as added  by
chapter 443 of the laws of 1937, is amended to read as follows:
  2. Whenever a charge has been made that any employer has engaged in or
is  engaging  in any unfair labor practice, the board OR ITS AGENT shall
have THE power to [issue and cause to be served] SERVE upon such employ-
er a [complaint stating the charges in that  respect  and  containing  a
notice  of  hearing before the board at a place therein fixed to be held
not less than seven days after the serving of said  complaint]  COPY  OF
THE  CHARGE  THAT WAS FILED WITH THE BOARD AND A NOTICE SETTING THE DATE
FOR SERVICE AND FILING OF AN ANSWER.  Any such [complaint] CHARGE may be
amended [by the board or its agent conducting the hearing at  any  time]
FROM  TIME  TO TIME prior to the issuance of an order based thereon. The
EMPLOYER OR THE person so [complained of] CHARGED shall have  the  right
to  file  an  answer to the original or amended [complaint not less than
five days after the service  of  such  original  or  amended  complaint]
CHARGE  and  to  appear  in person or otherwise to give testimony at the
place and time set [in the complaint] BY THE BOARD OR ITS AGENT. In  the
discretion of a member or agent conducting the hearing, or of the board,
any  other person may be allowed to intervene in the said proceeding and
to present testimony. In any such proceeding  the  board  or  its  agent
shall  not  be  bound  by  technical rules of evidence prevailing in the
courts of law or equity.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
A                                                          LBD09428-02-2
              

A. 8008--A                          2

  S 2. Subdivisions 1 and 5 of section 708 of the labor law, subdivision
1 as amended by section 6 of part O of chapter 56 of the  laws  of  2010
and  subdivision  5  as  amended by chapter 496 of the laws of 1963, are
amended to read as follows:
  1.  The board, or its duly authorized agents or agencies, shall at all
reasonable times have access to, for the purposes  of  examination,  and
the  right  to  examine,  copy  or  photograph  any  evidence, including
payrolls or lists of employees, of  any  person  being  investigated  or
proceeded  against  that relates to any matter under investigation or in
question. The board OR ITS DESIGNATED AGENTS shall have power  to  issue
subpoenas  requiring  the  attendance and testimony of witnesses and the
production of any evidence that relates to  any  matter  under  investi-
gation  or  in  question before the board, its member, agent, or agency,
conducting the hearing or investigation. Any member of the board, or any
agent or agency designated by the board for such purposes, may  adminis-
ter oaths and affirmations, examine witnesses, and receive evidence.
  5.  [Complaints]  CHARGES,  PETITIONS,  orders,  and other process and
papers of the board, its member, agent, or agency, may be served  either
personally  or  by  certified or registered mail [or by telegraph] or by
leaving a copy thereof at the [principle] PRINCIPAL office or  place  of
business of the person required to be served. The verified return by the
individual  so serving the same setting forth the manner of such service
shall be proof of the same, and the return post-office receipt [or tele-
graph receipt] therefor when registered and mailed [or  telegraphed]  as
aforesaid  shall  be  proof  of  service of the same. Witnesses summoned
before the board, its member, agent, or agency shall be  paid  the  same
fees  and  mileage  that are paid witnesses in the courts of this state,
and witnesses whose depositions are taken and the person taking the same
shall severally be entitled to the  same  fees  as  are  paid  for  like
services in the courts of this state.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.