Bill Text: NY A08425 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to injunctive relief incidental to employer and employee organization improper practices; board's judgment may be rendered ineffectual without provisional relief.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-04-20 - reported referred to codes [A08425 Detail]
Download: New_York-2009-A08425-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8425 2009-2010 Regular Sessions I N A S S E M B L Y May 20, 2009 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to injunctive relief incidental to employer and employee organization improper practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraphs (a), (b), and (d) of subdivision 4 of section 2 209-a of the civil service law, as added by chapter 695 of the laws of 3 1994, are amended to read as follows: 4 (a) A party filing an improper practice charge under this section may 5 petition the board to obtain injunctive relief, pending a decision on 6 the merits of said charge by an administrative law judge, upon a showing 7 that: (i) there is reasonable cause to believe an improper practice has 8 occurred, and (ii) [where] it appears that [immediate and irreparable 9 injury, loss or damage will result thereby rendering a resulting judg- 10 ment on the merits ineffectual necessitating the maintenance of, or 11 return to, the status quo to provide meaningful relief] THE BOARD'S 12 RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE MAY BE 13 RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. 14 (b) Within ten days of the receipt by the board of such petition, if 15 the board determines that a charging party has made a sufficient showing 16 both that there is reasonable cause to believe an improper practice has 17 occurred and it appears that [immediate and irreparable injury, loss or 18 damage will result thereby rendering a resulting judgment on the merits 19 ineffectual necessitating maintenance of, or return to, the status quo 20 to provide meaningful relief] THE BOARD'S RESULTING JUDGMENT ON THE 21 MERITS OF THE IMPROPER PRACTICE CHARGE MAY BE RENDERED INEFFECTUAL WITH- 22 OUT SUCH PROVISIONAL RELIEF, the board shall petition the supreme court, 23 in Albany county, upon notice to all parties for the necessary injunc- 24 tive relief or in the alternative may issue an order permitting the 25 charging party to seek injunctive relief by petition to the supreme EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11808-01-9 A. 8425 2 1 court, in which case the board must be joined as a necessary party. The 2 board or, where applicable, the charging party, shall not be required to 3 give any undertakings or bond and shall not be liable for any damages or 4 costs which may have been sustained by reason of any injunctive relief 5 ordered. If the board fails to act within ten days as provided herein, 6 the board, for purposes of review, shall be deemed to have made a final 7 order determining not to seek injunctive relief. 8 (d) Injunctive relief may be granted by the court, after hearing all 9 parties, if it determines that there is reasonable cause to believe an 10 improper practice has occurred and that it appears that [immediate and 11 irreparable injury, loss or damage will result thereby rendering a 12 resulting judgment on the merits ineffectual necessitating maintenance 13 of, or return to, the status quo to provide meaningful relief] THE 14 BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE 15 MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. Such relief 16 shall expire on decision by an administrative law judge finding no 17 improper practice to have occurred, successful appeal or motion by 18 respondent to vacate or modify pursuant to the provisions of the civil 19 practice law and rules, or subsequent finding by the board that no 20 improper practice had occurred. The administrative law judge shall 21 conclude the hearing process and issue a decision on the merits within 22 sixty days after the imposition of such injunctive relief unless mutual- 23 ly agreed by the respondent and charging party. 24 S 2. Paragraphs (a), (b), and (d) of subdivision 5 of section 209-a of 25 the civil service law, as added by chapter 695 of the laws of 1994, are 26 amended to read as follows: 27 (a) A party filing an improper practice charge under section 12-306 of 28 the administrative code of the city of New York may petition the board 29 of collective bargaining to obtain injunctive relief before the supreme 30 court, New York county, pending a decision on the merits by the board of 31 collective bargaining, upon a showing that: (i) there is reasonable 32 cause to believe an improper practice has occurred, and (ii) [where] it 33 appears that [immediate and irreparable injury, loss or damage will 34 result and thereby rendering a resulting judgment on the merits ineffec- 35 tual necessitating the maintenance of, or return to, the status quo to 36 provide meaningful relief] THE BOARD'S RESULTING JUDGMENT ON THE MERITS 37 OF THE IMPROPER PRACTICE CHARGE MAY BE RENDERED INEFFECTUAL WITHOUT SUCH 38 PROVISIONAL RELIEF. 39 (b) Within ten days of the receipt by the board of such petition, if 40 the board of collective bargaining determines that a charging party has 41 made a sufficient showing both that there is reasonable cause to believe 42 an improper practice has occurred and it appears that [immediate and 43 irreparable injury, loss or damage will result thereby rendering a 44 resulting judgment on the merits ineffectual necessitating maintenance 45 of, or return to, the status quo to provide meaningful relief] THE 46 BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE 47 MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF, said board 48 shall petition the supreme court in New York county, upon notice to all 49 parties, for the necessary injunctive relief, or in the alternative said 50 board may issue an order permitting the charging party to seek injunc- 51 tive relief by petition to the supreme court, New York county, in which 52 case said board must be joined as a necessary party. Such application 53 shall be in conformance with the civil practice law and rules except 54 that said board, or where applicable, the charging party shall not be 55 required to give any undertaking or land and shall not be liable for any 56 damages or costs which may have been sustained by reason of any injunc- A. 8425 3 1 tive relief order. If the board of collective bargaining fails to act 2 within ten days as provided in this paragraph, the board of collective 3 bargaining, for purposes of review, shall be deemed to have made a final 4 order determining not to permit the charging party to seek injunctive 5 relief. 6 (d) Injunctive relief may be granted by the court, after hearing all 7 parties, if it determines that there is reasonable cause to believe an 8 improper practice has occurred and that it appears that [immediate and 9 irreparable injury, loss or damage will result thereby rendering a 10 resulting judgment on the merits ineffectual necessitating maintenance 11 of, or return to, the status quo to provide meaningful relief] THE 12 BOARD'S RESULTING JUDGMENT ON THE MERITS OF THE IMPROPER PRACTICE CHARGE 13 MAY BE RENDERED INEFFECTUAL WITHOUT SUCH PROVISIONAL RELIEF. Any injunc- 14 tive relief granted by the court shall expire upon decision of the board 15 of collective bargaining finding no improper practice to have occurred 16 or successful challenge of the said board's decision pursuant to article 17 seventy-eight of the civil practice law and rules. The said board shall 18 conclude the hearing process and issue a decision on the merits within 19 sixty days after the imposition of such injunctive relief unless mutual- 20 ly agreed by the respondent and charging party. 21 S 3. This act shall take effect immediately; provided, however, that 22 the amendments to subdivisions 4 and 5 of section 209-a of the civil 23 service law made by sections one and two of this act shall not affect 24 the repeal of such subdivisions and shall expire and be deemed repealed 25 therewith.