|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 12, 2013||signed chap.148|
|Jul 02, 2013||delivered to governor|
|Jun 20, 2013||returned to senate|
ordered to third reading rules cal.550
substituted for a7664
|May 22, 2013||referred to labor|
delivered to assembly
|May 21, 2013||ordered to third reading cal.735|
committee discharged and committed to rules
|Mar 15, 2013||referred to civil service and pensions|
senate Bill S4249Signed By Governor
Relates to the power of the public employment relations board to investigate unfair labor practices
Archive: Last Bill Status - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
view actions (12)
May 22, 2013 - floor VoteS4249610floor61Aye0Nay0Absent2Excused0Abstained
show floor vote details
Floor Vote: May 22, 2013aye (61)
May 21, 2013 - Rules committee VoteS4249240committee24Aye0Nay0Aye with Reservations0Absent1Excused0Abstained
- show floor vote details
S4249 - Bill Details
- See Assembly Version of this Bill:
- Law Section:
- Labor Law
- Laws Affected:
- Amd §§706 & 708, Lab L
S4249 - Bill Texts
Relates to the power of the public employment relations board to investigate unfair labor practices.
view sponsor memo
TITLE OF BILL: An act to amend the labor law, in relation to the
power of the public employment relations board to investigate unfair
Purpose of the Bill:
This bill would amend procedures under the New York State Employment
Relations Act (SERA), Labor Law §§ 700 et seq., regarding unfair labor
practices and the service of pleadings, orders and other papers by the
Public Employment Relations Board (PERB).
Summary of Provisions:
Section 1 of the bill would amend Labor Law § 706(2) by eliminating
the responsibility of PERB to investigate unfair labor practice
charges alleging violations of Labor Law §§ 704 and 704-a, and to
issue and prosecute complaints with respect to those charges,
consistent with its responsibilities under the Taylor Law.
Section 2 of the bill would amend Labor Law § 708(5) to delete
reference to the telegraph as an acceptable means of service under
SERA. The bill would also eliminate the need for PERB to utilize
certified or registered mail as a means of mail service for all
pleadings, orders and other papers, rather than first-class mail.
Under the proposed amendment, PERB would be required to continue
serving final orders issued by the PERB Board by certified or
Section 3 of the bill provides for an immediate effective date.
Prior Legislative History:
A Similar bill, A8008-A./S4016-A, was introduced in the 2012
Statement in Support:
SERA is New York's private sector collective bargaining law for
employees and employers who are not covered by the National Labor
Relations Act and the Railway Labor Act. Effective July 22, 2010, PERB
became responsible for administering SERA along with its
responsibilities under the Public Employees' Fair Employment Act,
which is commonly known as the Taylor Law.
In contrast with PERB's practices under the Taylor Law, Labor Law
706(2) includes an investigatory and prosecutorial role for PERB in
the processing of private sector unfair labor practice charges. The
provision requires PERB to investigate a private sector unfair labor
practice charge filed against a private employer and to issue or
decline to issue a complaint against that employer. Retention of SERA'
s outdated unfair labor practice procedure creates the potential for
allegations of partiality, because PERB also has the responsibility of
mediating private sector negotiation impasses and strikes under SERA.
The proposed amendment to Labor Law § 706(2) seeks to harmonize the
procedures for unfair labor practice charges under SERA with PERB's
decades-old procedures for the processing of improper practice charges
under Civil Service Law § 209-a. At the same time, the proposal seeks
to retain the agency's reputation for neutrality by eliminating the
statutory obligation to issue a complaint following an investigation
after the filing of an unfair labor practice charge under SERA.
This bill would take effect immediately.
view full text
S T A T E O F N E W Y O R K ________________________________________________________________________ 4249 2013-2014 Regular Sessions I N S E N A T E March 15, 2013 ___________ Introduced by Sen. GOLDEN -- (at request of the Public Employment Relations Board) -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the labor law, in relation to the power 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] A COPY OF THE CHARGE THAT WAS FILED WITH THE BOARD AND A NOTICE SETTING THE DATE FOR THE 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 there- on. 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 proceed- ing 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. S 2. Subdivision 5 of section 708 of the labor law, as amended by chapter 496 of the laws of 1963, is amended to read as follows: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09000-01-3 S. 4249 2 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] REGULAR mail [or by tele- graph] 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] POST OFFICE receipt [or telegraph 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. FINAL ORDERS ISSUED BY THE BOARD SHALL BE SERVED UPON THE PARTIES BY REGISTERED OR CERTIFIED MAIL. S 3. This act shall take effect immediately.
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