Relates to the power of the public employment relations board to investigate unfair labor practices

BILL NUMBER:S4249

Title of bill

An act to amend the labor law, in relation to the power of the public employment relations board to investigate unfair labor practices

Purpose of the Bill:

This bill would amend procedures under the New York State Employment Relations Act (SERA), Labor Law §§ 700 et seq., regarding unfair labor practices and the service of pleadings, orders and other papers by the Public Employment Relations Board (PERB).

Summary of Provisions:

Section 1 of the bill would amend Labor Law § 706(2) by eliminating the responsibility of PERB to investigate unfair labor practice charges alleging violations of Labor Law §§ 704 and 704-a, and to issue and prosecute complaints with respect to those charges, consistent with its responsibilities under the Taylor Law.

Section 2 of the bill would amend Labor Law § 708(5) to delete reference to the telegraph as an acceptable means of service under SERA. The bill would also eliminate the need for PERB to utilize certified or registered mail as a means of mail service for all pleadings, orders and other papers, rather than first-class mail. Under the proposed amendment, PERB would be required to continue serving final orders issued by the PERB Board by certified or registered mail.

Section 3 of the bill provides for an immediate effective date.

Prior Legislative History:

A Similar bill, A8008-A./S4016-A, was introduced in the 2012 legislative session.

Statement in Support:

SERA is New York's private sector collective bargaining law for employees and employers who are not covered by the National Labor Relations Act and the Railway Labor Act. Effective July 22, 2010, PERB became responsible for administering SERA along with its responsibilities under the Public Employees' Fair Employment Act, which is commonly known as the Taylor Law.

In contrast with PERB's practices under the Taylor Law, Labor Law 706(2) includes an investigatory and prosecutorial role for PERB in the processing of private sector unfair labor practice charges. The provision requires PERB to investigate a private sector unfair labor practice charge filed against a private employer and to issue or decline to issue a complaint against that employer. Retention of SERA' s outdated unfair labor practice procedure creates the potential for allegations of partiality, because PERB also has the responsibility of mediating private sector negotiation impasses and strikes under SERA.

The proposed amendment to Labor Law § 706(2) seeks to harmonize the procedures for unfair labor practice charges under SERA with PERB's decades-old procedures for the processing of improper practice charges under Civil Service Law § 209-a. At the same time, the proposal seeks to retain the agency's reputation for neutrality by eliminating the statutory obligation to issue a complaint following an investigation after the filing of an unfair labor practice charge under SERA.

Fiscal Implications:

None.

Effective Date:

This bill would take effect immediately.