What's happening
The bill requires a temporary cost of living salary increase for employees when a court grants an employer's injunction during a strike.
Why it matters
Balances employer power during strikes. When a court grants an employer’s request to halt a strike through an injunction, this law ensures workers are compensated for the loss of bargaining leverage by mandating a temporary cost of living salary increase.
Limits employer incentives to seek injunctions. By attaching a financial consequence (mandatory pay increase) to court-ordered strike stoppages, employers may be less likely to use the courts to suppress strikes as a negotiation tactic.
Protects workers from financial harm during stalled negotiations. Employees who are forced back to work before a contract is finalized would receive a pay bump tied to inflation, helping them keep pace with rising living costs during potentially lengthy contract disputes.
Ensures increases are temporary and not precedent-setting. The cost of living adjustment is specifically not binding on the final contract, meaning it’s a stop-gap measure rather than a permanent change to salary structures.
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Who cares
Headline styles
Temporary Pay Raise During Injunctions
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to governmental employees
- Referred to governmental employees
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
907
2017-2018 Regular Sessions
IN ASSEMBLY
January 9, 2017
Introduced by M. of A. PERRY -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to ordering a temporary cost of living increase to employees after a court grants an injunction in response to a strike
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (d) of section 213 of the civil service law, as amended by chapter 503 of the laws of 1971, is amended to read as follows:
(d) In a proceeding to enforce or review an order of the board, the court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter a judgment or decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the board. If such court orders injunctive relief at the request of the employer, such court shall also order a temporary cost of living increase in salary to be paid by the employer to the employees until an employment contract is finalized. For purposes of this subdivision, such temporary cost of living increase shall be calculated as the greater of either the current rate of inflation as determined by the consumer price index as computed by the federal bureau of labor statistics or the average rate of inflation during the employees' most recent contract period; or, in the alternative, at a rate determined by such court. Such cost of living increase shall not be binding on the final negotiated contract.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06252-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.