What's happening
This bill requires employers to give a temporary cost of living salary increase to employees when a court grants an injunction against a strike.
Why it matters
Shifts leverage in labor disputes. By requiring employers to give a temporary cost of living increase when a court blocks a strike, the bill reduces the financial pressure on employees and may discourage employers from seeking court injunctions as a way to avoid addressing workers’ demands.
Ensures wage adjustments reflect economic reality. The mandated increase is tied to the current or recent inflation rate, meaning employees keep pace with the cost of living during the legal process, rather than being stuck at potentially outdated wage levels.
Temporary and non-binding. The increase is explicitly not binding on the final negotiated contract, so it provides immediate financial relief without predetermining the outcome of ongoing labor negotiations.
Judicial discretion preserved. While there are guidelines for calculating the increase, courts retain the authority to set a different rate if deemed appropriate, giving flexibility to address unique circumstances in each case.
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Who cares
Headline styles
Temporary Raises After Strike Injunctions
Plain English, a few words. Used as the page title.
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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
443
2019-2020 Regular Sessions
IN ASSEMBLY (Prefiled)
January 9, 2019
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.
LBD05304-01-9
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.