S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8182
 
                             I N  S E N A T E
 
                             January 31, 2022
                                ___________
 
 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 and the  civil  practice  law  and
   rules,  in  relation  to  the  grounds for which the public employment
   relations board may seek injunctive relief

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (a)  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:
   (a)  A party filing an improper practice charge under this section may
 petition the board to obtain injunctive relief, pending  a  decision  on
 the merits of said charge by an administrative law judge, upon a showing
 that:  (i) there is reasonable cause to believe an improper practice has
 occurred, and (ii) where it appears that immediate and irreparable inju-
 ry, loss or damage will result thereby rendering a resulting judgment on
 the merits ineffectual necessitating the maintenance of, or  return  to,
 the  status  quo  to provide meaningful relief. FOR THE PURPOSES OF THIS
 SUBDIVISION, "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL INCLUDE, BUT NOT
 BE LIMITED TO LOSS OF EMPLOYMENT,  ACTIONS  THAT  ADVERSELY  AFFECT  THE
 HEALTH  OR  WELFARE, OR PERMANENT LOSS OF AN EMPLOYEE RIGHT OR PRIVILEGE
 ESTABLISHED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   § 2. Section 6301 of the civil practice law and rules  is  amended  to
 read as follows:
   §  6301.  Grounds for preliminary injunction and temporary restraining
 order.  A preliminary injunction may be granted in any action  where  it
 appears  that  the defendant threatens or is about to do, or is doing or
 procuring  or  suffering  to  be  done,  an  act  in  violation  of  the
 plaintiff's  rights respecting the subject of the action, and tending to
 render the judgment ineffectual, or in any action  where  the  plaintiff
 has demanded and would be entitled to a judgment restraining the defend-
 ant from the commission or continuance of an act, which, if committed or
 continued during the pendency of the action, would produce injury to the
 plaintiff.  A temporary restraining order may be granted pending a hear-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14357-02-2
 S. 8182                             2
 
 ing for a preliminary injunction where it  appears  that  immediate  and
 irreparable  injury,  loss or damage will result unless the defendant is
 restrained before the hearing can be had.   FOR  THE  PURPOSES  OF  THIS
 SECTION,  "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL INCLUDE, BUT NOT BE
 LIMITED TO LOSS OF EMPLOYMENT, ACTIONS THAT ADVERSELY AFFECT THE  HEALTH
 OR  WELFARE,  OR PERMANENT LOSS OF AN EMPLOYEE RIGHT OR PRIVILEGE ESTAB-
 LISHED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT, AS  SET  FORTH  IN
 SUBDIVISION FOUR OF SECTION TWO HUNDRED NINE-A OF THE CIVIL SERVICE LAW.
   §  3.  Subdivision  (a)  of section 6313 of the civil practice law and
 rules, as amended by chapter 235 of the laws of 1982, is amended to read
 as follows:
   (a) Generally.   If, on a motion for  a  preliminary  injunction,  the
 plaintiff  shall  show  that  immediate  and irreparable injury, loss or
 damages will result unless the defendant is restrained before a  hearing
 can be had, a temporary restraining order may be granted without notice.
 Upon  granting  a  temporary  restraining order, the court shall set the
 hearing for the preliminary injunction at the earliest possible time. No
 temporary restraining order may be granted in an action arising out of a
 labor dispute as defined in section eight hundred  seven  of  the  labor
 law, nor against a public officer, board or municipal corporation of the
 state to restrain the performance of statutory duties.  FOR THE PURPOSES
 OF THIS SUBDIVISION, "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL HAVE THE
 SAME  MEANING  AS SET FORTH IN SECTION SIX THOUSAND THREE HUNDRED ONE OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately; provided,  however,  that
 the amendments to paragraph (a) of 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.