S T A T E O F N E W Y O R K
________________________________________________________________________
443
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. PERRY -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to ordering a tempo-
rary cost of living increase to employees after a court grants an
injunction in response to a strike
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (d) of section 213 of the civil service law, as
amended by chapter 503 of the laws of 1971, is amended to read as
follows:
(d) In a proceeding to enforce or review an order of the board, the
court shall have power to grant such temporary relief or restraining
order as it deems just and proper, and to make and enter a judgment or
decree enforcing, modifying and enforcing as so modified, or setting
aside in whole or in part the order of the board. IF SUCH COURT ORDERS
INJUNCTIVE RELIEF AT THE REQUEST OF THE EMPLOYER, SUCH COURT SHALL ALSO
ORDER A TEMPORARY COST OF LIVING INCREASE IN SALARY TO BE PAID BY THE
EMPLOYER TO THE EMPLOYEES UNTIL AN EMPLOYMENT CONTRACT IS FINALIZED. FOR
PURPOSES OF THIS SUBDIVISION, SUCH TEMPORARY COST OF LIVING INCREASE
SHALL BE CALCULATED AS THE GREATER OF EITHER THE CURRENT RATE OF
INFLATION AS DETERMINED BY THE CONSUMER PRICE INDEX AS COMPUTED BY THE
FEDERAL BUREAU OF LABOR STATISTICS OR THE AVERAGE RATE OF INFLATION
DURING THE EMPLOYEES' MOST RECENT CONTRACT PERIOD; OR, IN THE ALTERNA-
TIVE, AT A RATE DETERMINED BY SUCH COURT. SUCH COST OF LIVING INCREASE
SHALL NOT BE BINDING ON THE FINAL NEGOTIATED CONTRACT.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05304-01-9