|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to civil service and pensions|
|May 01, 2013||referred to civil service and pensions|
senate Bill S4955
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4955 - Details
- See Assembly Version of this Bill:
- Law Section:
- Civil Service Law
- Laws Affected:
- Amd §209-a, Civ Serv L
S4955 - Sponsor Memo
BILL NUMBER:S4955 TITLE OF BILL: 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 Purpose of the Bill: To amend Civil Service Law § 209-a(4)(b) by requiring the Public Employment Relations Board (PERB) to act within 10 working days after receipt of an application for injunctive relief, rather than the current 10 calendar days. Summary of Provisions: Section one of the bill would amend Civil Service Law § 209-a(4)(b) to provide that PERB must act within 10 working days of the filing of a petition for injunctive relief by a charging party. Section two of the bill would provide for an immediate effective date, and provide that the amendment will not affect the expiration of the subdivision and shall be deemed to expire therewith, Prior Legislative History: This is a new bill. Statement in Support: Pursuant to Civil Service Law § 209-a(4)(b), a party filing an improper practice charge can petition PERB for injunctive relief pending a determination concerning the merits of its
S4955 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4955 2013-2014 Regular Sessions I N S E N A T E May 1, 2013 ___________ Introduced by Sen. SAVINO -- (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 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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