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S5542Senate2009-2010 SessionSame asA8425

Relates to injunctive relief incidental to employer and employee organization improper practices

Sponsor Diane J. SavinoSD-23+1 co-sponsorAffects Finance
Status
In Senate Committee
Civil Service And Pensions
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Civil Service And Pensions

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Who cares

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Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

History

  1. Referred to civil service and pensions
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.448
  6. Referred to civil service and pensions

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A8425Assembly

Relates to injunctive relief incidental to employer and employee organization improper practices

In Assembly Committee · Codes · Sponsor Peter Abbate

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the civil service law, in relation to injunctive relief incidental to employer and employee organization improper practices

Purpose

This legislation amends various provisions of Section 209-a of the Civil Service Law (the Taylor Law) to clarify and modify the standards governing the issuance of injunctive relief incidental to improper employer or employee practice charges filed with the Public Employment Relations Board (PERB) and the New York City Office of Collective Bargaining (OCB).

Summary of provisions

§ 1 - amends Paragraphs (a), (b) and (d) of subdivision 4 of section 209-a of the civil service law covering the Public Employment Relations Board by:

Deleting the following language - "where immediate and irreparable injury, 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' and substituting the following language - "the board's resulting judgment on the merits of the improper practice charge may be rendered ineffectual without such provisional relief."

§2 - amends Paragraphs (a), (b), and (d) of subdivision 5 of section 209-a of the civil service law covering the New York City Office of Collective Bargaining by:

Deleting the following language - "where immediate and irreparable injury, 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' and substituting the following language - "the board's resulting judgment on the merits of the improper practice charge may be rendered ineffectual without such provisional relief."

§3 - provides for an immediate effective date and for the expiration of this amendment to coincide with the expiration of the entire statute on injunctive relief.

Existing law

Current law provides that injunctive relief under the Taylor Law may be granted when:

* there is reasonable cause to believe and improper practice has occurred; and, * where it appears that immediate and irreparable injury, 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.

Justification

The Taylor Law's injunctive relief provision. which were first established in 1995, were intended to ensure that an effective remedy could be issued if an improper practice charge is ultimately determined to have merit.

Unfortunately, however, there have been very few applications for such relief granted due to contradictory and confusing standards that PERB, OCB and the court must apply to grant relief.

If enacted, this legislation would clarify and streamline the current statutory language to ensure that the standard for granting of injunctive relief corresponds to the reason for such relief.

Legislative history

2009 Session: New Legislation

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.