Extends provisions relating to civil service law and injunctive relief in improper practice cases

BILL NUMBER:S4135

Title of bill

An act to amend chapter 695 of the laws of 1994 amending the civil service law relating to injunctive relief in improper practice cases, in relation to extending the effectiveness of provisions contained therein

Purpose or general idea of bill

This bill intends to continue to provide for an expedited method to resolve improper labor practice issues.

Summary of specific provisions

This bill would extend the provisions relating to injunctive relief from June 30, 2011 to June 30, 2013.

Effects of present law which this bill would alter

This bill would extend the applicability of injunctive relief in public employment improper practice cases for two years. Current law provides that injunctive relief under the Taylor Law may be granted when:

o there is reasonable cause to believe and improper practice has occurred; and,

o 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

Injunctive relief was enacted in 1994 to provide an expedited method to resolve improper practice cases in the public sector where there was deemed to be immediate and irreparable harm. Since it took effect in 1995, it has enabled labor and management to resolve numerous issues. It is, therefore, appropriate that this law be extended.

Prior legislative history

Chapter 172 of the Laws of 1997 Chapter 108 of the Laws of 1999 Chapter 46 of the Laws of 2001 Chapter 90 of the laws of 2003 Chapter 29 of the laws of 2005 Chapter 11 of the laws of 2007 Chapter 29 of the laws of 2009

Fiscal implications for state and local governments

None.

Effective date

Immediately.