Relates to subpoenas in proceedings before the public employment relations board; repealer

BILL NUMBER:S7396

Title of bill

An act to amend the labor law, in relation to subpoenas in proceedings before the public employment relations board; and to repeal section 2310 of the civil practice law and rules, relating to exclusions from article 23 of such law

Purpose

This bill would eliminate a conflict in the statutory law by repealing CPLR §2310, and amending Labor Law §708, to provide that subpoenas regarding matters pending before the Public Employment Relations Board (PERB) under Labor Law Article 20 would be subject to Civil Service Law §205.5 and the regulations promulgated thereunder.

Summary of provisions

Section 1 of the bill would repeal CPLR §2310, which states that subpoenas issued by the State Labor Relations Board are not subject to CPLR Article 23.

Section 2 of the bill would amend Labor Law §708 to add a new subsection to state that subpoenas under Labor Law Article 20 would be subject Civil Service Law §205(k) and the rules and regulations promulgated under Civil Service Law §205(l).

Section 3 of the bill would provide that the bill will become effective immediately.

Existing law

In 2010, Civil Service Law §205.5 and Labor Law § 717 were amended to transfer to PERB the multiple responsibilities associated with administering Labor Law Article 20. As a result of that legislation, PERB superseded three former state agencies and now performs the duties of those abolished agencies: the State Labor Relations Board, the State Employment Relations Board and the State Mediation Board.

CPLR §2310 provides that "(t)he provisions of this article shall not apply to subpoenas issued in proceedings before the New York state labor relations board." This CPLR provision, however, is inconsistent with Civil Service Law §205.5(k), which provides that "(f)or the purpose of such hearings and inquiries, to administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, compel the attendance of witnesses and the production of documents by the issuance of subpoenas, and delegate such powers to any member of the board or person appointed by the board for the performance of its functions. Such subpoenas shall be regulated and enforced under the civil practice law and rules."

PERB has promulgated regulations with respect to administrative subpoenas consistent with its authority under Civil Service Law

§205.5(1). The existing regulations originally promulgated for subpoenas by the State Labor Relations Board under Labor Law Article 20 are inconsistent with PERB's regulations.

Legislative history

This is a new bill.

Statement in support

The 2010 legislation amending Civil Service Law §205.5 and Labor Law

§717 has created a direct statutory conflict concerning the applicability of CPLR Article 23 to subpoenas concerning matters pending before PERB. The proposed legislation will end the conflict by making all subpoenas at PERB subject to the CPLR, Civil Service Law §205.5(k), and PERB's current rules concerning subpoenas. Eliminating the conflict will ensure administrative efficiencies and avoid litigation.

Budget implications

This bill would have not any adverse fiscal impact.

Local impact

This bill will not have any impact on local governments.

Effective date

This bill would take effect immediately.