Assembly Bill A11191

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11191
 
                           I N  A S S E M B L Y
 
                                May 1, 2026
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Labor
 
 AN ACT to amend the labor law, in relation to judicial review  of  final
   decisions of the public employment relations board
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 4 of section 707 of the labor law,  as  amended
 by  section 5 of part O of chapter 56 of the laws of 2010, is amended to
 read as follows:
   4. [Any person aggrieved by a final order of  the  board  granting  or
 denying  in  whole  or  in part the relief sought may obtain a review of
 such order in the supreme court of the county  where  the  unfair  labor
 practice in question was alleged to have been engaged in or wherein such
 person  resides  or transacts business by filing in such court a written
 petition praying that the order of the board be modified or  set  aside,
 or  if such court be on vacation or in recess, then to the supreme court
 of any county adjoining the county wherein the unfair labor practice  in
 question  occurred or wherein any such person resides or transacts busi-
 ness. A copy of such petition shall be forthwith served upon the  board,
 and  thereupon  the aggrieved party shall file in the court a transcript
 of the entire record in the proceeding, certified by the board,  includ-
 ing the pleading and testimony and order of the board. Upon such filing,
 the court shall proceed in the same manner as in the case of an applica-
 tion  by the board under subdivision one of this section, and shall have
 the same exclusive jurisdiction to grant to  the  board  such  temporary
 relief  or  restraining  order  as it deems just and proper, and in like
 manner to make and enter a decree enforcing, modifying and enforcing  as
 so  modified,  or  setting  aside  in  whole or in part the order of the
 board; and the findings of the board as  to  the  facts  shall  in  like
 manner  be  conclusive.]  (A) FINAL ORDERS OF THE BOARD MADE PURSUANT TO
 THIS ARTICLE SHALL BE CONCLUSIVE AGAINST ALL PARTIES TO ITS  PROCEEDINGS
 AND PERSONS WHO HAVE HAD AN OPPORTUNITY TO BE PARTIES TO ITS PROCEEDINGS
 UNLESS  REVERSED  OR MODIFIED IN PROCEEDINGS FOR ENFORCEMENT OR JUDICIAL
 REVIEW AS PROVIDED UNDER THIS SUBDIVISION. FINAL ORDERS  SHALL  BE:  (I)
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15721-01-6
 A. 11191                            2
 
 REVIEWABLE  UNDER  ARTICLE  SEVENTY-EIGHT  OF THE CIVIL PRACTICE LAW AND
 RULES UPON PETITION FILED BY AN AGGRIEVED PARTY IN THE SUPREME COURT  IN
 ALBANY  COUNTY,  WITHIN  THIRTY  DAYS  AFTER SERVICE BY ELECTRONIC MAIL,
 EXCEPT  WHERE  A  PARTY INDICATES THAT CERTIFIED MAIL IS PREFERRED, OF A
 COPY OF SUCH ORDER UPON SUCH PARTY IN UNFAIR LABOR PRACTICE PROCEEDINGS,
 AND WITHIN TEN DAYS AFTER SERVICE BY ELECTRONIC  MAIL,  EXCEPT  WHERE  A
 PARTY  INDICATES  THAT  CERTIFIED  MAIL  IS PREFERRED, OF A COPY OF SUCH
 ORDER UPON SUCH PARTY IN CERTIFICATION PROCEEDINGS; AND (II) ENFORCEABLE
 IN A SPECIAL PROCEEDING, UPON PETITION OF SUCH  BOARD,  TO  THE  SUPREME
 COURT IN ALBANY COUNTY.
   (B)  IF  A  PROCEEDING  BY  THE  BOARD FOR ENFORCEMENT OF ITS ORDER IS
 INSTITUTED PRIOR TO THE EXPIRATION OF THE PERIOD WITHIN  WHICH  A  PARTY
 MAY SEEK JUDICIAL REVIEW OF SUCH ORDER, THE RESPONDENT MAY RAISE IN SUCH
 RESPONDENT'S  ANSWER  THE  QUESTIONS  AUTHORIZED TO BE RAISED BY SECTION
 SEVEN THOUSAND EIGHT HUNDRED THREE OF THE CIVIL PRACTICE LAW  AND  RULES
 AND  THEREAFTER  THE  PROCEEDINGS SHALL BE GOVERNED BY THE PROVISIONS OF
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES THAT  ARE  NOT
 INCONSISTENT WITH THIS SUBDIVISION, EXCEPT THAT IF AN ISSUE SPECIFIED IN
 QUESTION FOUR OF SECTION SEVEN THOUSAND EIGHT HUNDRED THREE OF THE CIVIL
 PRACTICE  LAW  AND  RULES IS RAISED, THE PROCEEDING SHALL BE TRANSFERRED
 FOR DISPOSITION TO THE APPELLATE DIVISION OF THE SUPREME COURT. WHERE AN
 ISSUE SPECIFIED IN QUESTION FOUR OF SECTION SEVEN THOUSAND EIGHT HUNDRED
 THREE OF THE CIVIL PRACTICE  LAW  AND  RULES  IS  RAISED,  EITHER  IN  A
 PROCEEDING  TO  ENFORCE  OR  REVIEW AN ORDER OF THE BOARD, THE APPELLATE
 DIVISION OF THE SUPREME COURT, UPON COMPLETION OF PROCEEDINGS BEFORE IT,
 SHALL REMIT A COPY OF ITS JUDGMENT OR ORDER TO THE COURT  IN  WHICH  THE
 PROCEEDING  WAS  COMMENCED,  WHICH  COURT SHALL HAVE THE POWER TO COMPEL
 COMPLIANCE WITH SUCH JUDGMENT OR ORDER.
   (C) IN A PROCEEDING TO ENFORCE 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.
   § 2. This act shall take effect immediately.