Assembly Bill A3756

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3756
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2023
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Governmental Employees
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07878-01-3
              

 A. 3756                             2
 
 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-
 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.