senate Bill S4747

2013-2014 Legislative Session

Authorizes PERB to assess exemplary damages in cases of severe and/or repeated violations of improper practice prohibitions

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to civil service and pensions
Apr 22, 2013 referred to civil service and pensions

S4747 - Details

Law Section:
Civil Service Law
Laws Affected:
Amd §205, Civ Serv L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A4956
2009-2010: A10020

S4747 - Summary

Authorizes PERB to assess exemplary damages in cases of severe and/or repeated violations of improper practice prohibitions.

S4747 - Sponsor Memo

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

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