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Assembly Bill A6057

2013-2014 Legislative Session

Relates to the powers of the public employee relations board concerning injunctive relief in aid of improper practice charges

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Archive: Last Bill Status - In Assembly Committee

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2013-A6057 (ACTIVE) - Details

See Senate Version of this Bill:
S4955
Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd ยง209-a, Civ Serv L

2013-A6057 (ACTIVE) - Summary

Relates to the powers of the public employment relations board concerning injunctive relief in aid of improper practice charges.

2013-A6057 (ACTIVE) - Bill Text download pdf 

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

                                  6057

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced  by  M.  of A. ABBATE -- (at request of the Public Employment
  Relations Board) -- read once and referred to the Committee on Govern-
  mental Employees

AN ACT to amend the civil service law, in relation to the powers of  the
  public  employment relations board concerning injunctive relief in aid
  of improper practice charges

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

  Section  1.  Paragraph  (b)  of  subdivision 4 of section 209-a of the
civil service law, as added by chapter 695  of  the  laws  of  1994,  is
amended to read as follows:
  (b)  Within ten WORKING days of the receipt by the board of such peti-
tion, if the board determines that a charging party has  made  a  suffi-
cient 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  judg-
ment  on  the merits ineffectual necessitating maintenance of, or return
to, the status quo to provide meaningful relief, the board  shall  peti-
tion the supreme court, in Albany county, upon notice to all parties for
the necessary injunctive relief or in the alternative may issue an order
permitting  the  charging party to seek injunctive relief by petition to
the supreme 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.
  S  2.  This act shall take effect immediately, provided, however, that
the amendment to subdivision 4 of section 209-a of the civil service law
made by section one of this act shall not  affect  the  repeal  of  such
subdivision and shall be deemed repealed therewith.

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

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