BILL NUMBER:S7396

TITLE OF BILL:

An act
to amend
the labor law, in relation to subpoenas in proceedings before the public
employment relations board; and to repeal section 2310 of the civil
practice law and rules, relating to exclusions from article 23 of such
law

PURPOSE:

This bill would eliminate a conflict in the statutory law by repealing
CPLR §2310, and amending Labor Law §708, to provide that subpoenas
regarding matters pending before the Public Employment Relations
Board (PERB) under Labor Law Article 20 would be subject to Civil
Service Law §205.5 and the regulations promulgated thereunder.

SUMMARY OF PROVISIONS:

Section 1 of the bill would repeal CPLR §2310, which states that
subpoenas issued by the State Labor Relations Board are not subject
to CPLR Article 23.

Section 2 of the bill would amend Labor Law §708 to add a new
              

subsection to state that subpoenas under Labor Law Article 20 would
be subject Civil Service Law §205(k) and the rules and regulations
promulgated under Civil Service Law §205(l).

Section 3 of the bill would provide that the bill will become
effective immediately.

EXISTING LAW:

In 2010, Civil Service Law §205.5 and Labor Law § 717 were amended to
transfer to PERB the multiple responsibilities associated with
administering Labor Law Article 20. As a result of that legislation,
PERB superseded three former state agencies and now performs the
duties of those abolished agencies: the State Labor Relations Board,
the State Employment Relations Board and the State Mediation Board.

CPLR §2310 provides that "(t)he provisions of this article shall not
apply to subpoenas issued in proceedings before the New York state
labor relations board." This CPLR provision, however, is inconsistent
with Civil Service Law §205.5(k), which provides that "(f)or the
purpose of such hearings and inquiries, to administer oaths and
affirmations, examine witnesses and documents, take testimony and
receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and delegate
such powers to any member of the board or person appointed by the
board for the performance of its functions. Such subpoenas shall be
regulated and enforced under the civil practice law and rules."

PERB has promulgated regulations with respect to administrative
subpoenas consistent with its authority under Civil Service Law


§205.5(1). The existing regulations originally promulgated for
subpoenas by the State Labor Relations Board under Labor Law Article
20 are inconsistent with PERB's regulations.

LEGISLATIVE HISTORY:

This is a new bill.

STATEMENT IN SUPPORT:

The 2010 legislation amending Civil Service Law §205.5 and Labor Law

§717 has created a direct statutory conflict concerning the
applicability of CPLR Article 23 to subpoenas concerning matters
pending before PERB. The proposed legislation will end the conflict
by making all subpoenas at PERB subject to the CPLR, Civil Service
Law §205.5(k), and PERB's current rules concerning subpoenas.
Eliminating the conflict will ensure administrative efficiencies and
avoid litigation.

BUDGET IMPLICATIONS:

This bill would have not any adverse fiscal impact.

LOCAL IMPACT:

This bill will not have any impact on local governments.

EFFECTIVE DATE:

This bill would take effect immediately.