Authorizes PERB to assess exemplary damages in cases of severe and/or repeated violations of improper practice prohibitions

BILL NUMBER:S4747

Title of bill

An act to amend the civil service law, in relation to powers of the public employment relations board to assess damages

Purpose

Allows the Public Employees Relations Board (PERB) to assess exemplary damages upon a finding that a party has committed repeated improper practices or an egregious act.

Summary of provisions

This bill amends § 205.5(d) of the Civil Service Law to authorize PERB to assess punitive damages in cases of severe and/or repeated violations of improper practice prohibitions.

Justification

PERB is empowered to determine whether an improper practice, as defined by § 209-a of the Civil Service Law, has been committed by an employer or an employee organization. Upon a finding of violation, the Board may order compensatory damages, if any, and may order the offending party to "cease and desist" from further improper conduct. The Board is not empowered to order any penalty for improper practices, regardless of their extent or frequency. When a party engages in improper conduct which involves little or no financial cost, but which is nevertheless egregious, PERB's remedy is limited to a cease and desist order. Subsequent similar misconduct results only in a repeat order to cease and desist. As a result, certain parties act with impunity to repeatedly.undermine rights of representation afforded by the statute and engage in provocative acts of misconduct. This amendment is intended to provide authorization to PERB, upon a finding that a party has engaged in:repeated and/or egregious acts of misconduct in violation of the Taylor Law, to award punitive damages as a further deterrent to offenders who would otherwise continue to engage in improper behavior.

Legislative history

S. 7029 OF 2010 - referred to Civil Service and Pension with no further action

Fiscal implications

To be determined

Effective date

Immediately.