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- Referred to civil service and pensions
- Referred to civil service and pensions
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Relates to the powers of the public employee relations board concerning injunctive relief in aid of improper practice charges
In Assembly Committee · Governmental Employees · Sponsor Peter Abbate
Full text
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Sponsor's memo
BILL NUMBER:S4955
Title of bill
An act to amend the civil service law, in relation to the powers of the public employment relations board concerning injunctive relief in aid of improper practice charges
Purpose of the Bill: To amend Civil Service Law § 209-a(4)(b) by requiring the Public Employment Relations Board (PERB) to act within 10 working days after receipt of an application for injunctive relief, rather than the current 10 calendar days.
Summary of Provisions:
Section one of the bill would amend Civil Service Law § 209-a(4)(b) to provide that PERB must act within 10 working days of the filing of a petition for injunctive relief by a charging party.
Section two of the bill would provide for an immediate effective date, and provide that the amendment will not affect the expiration of the subdivision and shall be deemed to expire therewith,
Prior Legislative History: This is a new bill.
Statement in Support: Pursuant to Civil Service Law § 209-a(4)(b), a party filing an improper practice charge can petition PERB for injunctive relief pending a determination concerning the merits of its charge "upon a showing that (i) there is reasonable cause to believe that an improper practice has occurred, and (ii) 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."
Civil Service Law § 209-a(4)(b) mandates that within 10 days of receipt of a petition for injunctive relief, PERB must examine the merits of the petition and: (i) initiate a judicial proceeding for appropriate injunctive relief; (ii) authorize the charging party to do so; or (iii) deny the application. Under PERB's Rules of Procedure, a respondent may file a response to the application for injunctive relief within five days following receipt of the petition. 4 NYCRR 204.16.
The proposed amendment to Civil Service Law § 209-a(4)(b) will provide PERB with additional time to act upon a petition for injunctive relief. In particular, it will ensure that PERB will have sufficient time to examine any response that a respondent may choose to file in opposition to the petition, and thereby avoid unnecessary litigation.
Fiscal Implications: None.
Effective Date: This bill would take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.