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  tempo-
          rary  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  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision (d) of section 213 of the civil service law, as
     2  amended  by  chapter  503  of  the  laws  of 1971, is amended to read as
     3  follows:
     4    (d) In a proceeding to enforce or review an order of  the  board,  the
     5  court  shall  have  power  to grant such temporary relief or restraining
     6  order as it deems just and proper, and to make and enter a  judgment  or
     7  decree  enforcing,  modifying  and  enforcing as so modified, or setting
     8  aside in whole or in part the order of the board.  If such court  orders
     9  injunctive  relief at the request of the employer, such court shall also
    10  order a temporary cost of living increase in salary to be  paid  by  the
    11  employer to the employees until an employment contract is finalized. For
    12  purposes  of  this  subdivision,  such temporary cost of living increase
    13  shall be calculated as  the  greater  of  either  the  current  rate  of
    14  inflation  as  determined by the consumer price index as computed by the
    15  federal bureau of labor statistics or  the  average  rate  of  inflation
    16  during  the  employees' most recent contract period; or, in the alterna-
    17  tive, at a rate determined by such court.  Such cost of living  increase
    18  shall not be binding on the final negotiated contract.
    19    § 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