|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to civil service and pensions|
|Apr 22, 2013||referred to civil service and pensions|
senate Bill S4747
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4747 - Details
S4747 - Summary
Authorizes PERB to assess exemplary damages in cases of severe and/or repeated violations of improper practice prohibitions.
S4747 - Sponsor Memo
BILL NUMBER:S4747 TITLE OF BILL: An act to amend the civil service law, in relation to powers of the public employment relations board to assess damages PURPOSE: Allows the Public Employees Relations Board (PERB) to assess exemplary damages upon a finding that a party has committed repeated improper practices or an egregious act. SUMMARY OF PROVISIONS: This bill amends § 205.5(d) of the Civil Service Law to authorize PERB to assess punitive damages in cases of severe and/or repeated violations of improper practice prohibitions. JUSTIFICATION: PERB is empowered to determine whether an improper practice, as defined by § 209-a of the Civil Service Law, has been committed by an employer or an employee organization. Upon a finding of violation, the Board may order compensatory damages, if any, and may order the offending party to "cease and desist" from further improper conduct. The Board is not empowered to order any penalty for improper practices, regardless of their extent or frequency. When a party
S4747 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4747 2013-2014 Regular Sessions I N S E N A T E April 22, 2013 ___________ Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to powers of the public employment relations board to assess damages THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (d) of subdivision 5 of section 205 of the civil service law, as amended by chapter 83 of the laws of 2006, is amended to read as follows: (d) To establish procedures for the prevention of improper employer and employee organization practices as provided in section two hundred nine-a of this article, and to issue a decision and order directing an offending party to cease and desist from any improper practice, and to take such affirmative action as will effectuate the policies of this article [(but not to assess exemplary damages)], including but not limited to the reinstatement of employees with or without back pay AND THE ASSESSMENT OF EXEMPLARY DAMAGES UPON A FINDING THAT AN OFFENDING PARTY HAS COMMITTED REPEATED IMPROPER PRACTICES OR AN EGREGIOUS PRACTICE; provided, however, that except as appropriate to effectuate the policies of subdivision three of section two hundred nine-a of this article, the board shall not have authority to enforce an agreement between an employer and an employee organization and shall not exercise jurisdiction over an alleged violation of such an agreement that would not otherwise constitute an improper employer or employee organization practice; provided further that, without limiting in any way the board's general power to take affirmative action, including the provision to make whole relief, the board's power to address employer violations of cease and desist orders issued pursuant to this section in connection with charges of unfair labor practices under paragraph (d) of subdivi- sion one of section two hundred nine-a of this article shall include, to the extent the board deems appropriate, the authority to make employees EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08620-01-3
Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.
By contributing or voting you agree to the Terms of Participation and verify you are over 13.