Bill Text: NY S04016 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the powers of the public employment relations board to investigate unfair labor practices.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2012-06-21 - COMMITTED TO RULES [S04016 Detail]

Download: New_York-2011-S04016-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4016
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    March 14, 2011
                                      ___________
       Introduced  by  Sen.  GOLDEN  --  (at  request  of the Public Employment
         Relations Board) -- read twice and ordered printed, and  when  printed
         to be committed to the Committee on Labor
       AN  ACT  to  amend  the  labor  law, in relation to powers of the public
         employment relations board to investigate unfair labor practices
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivision 2 of section 706 of the labor law, as added by
    2  chapter 443 of the laws of 1937, is amended to read as follows:
    3    2. Whenever a charge has been made that any employer has engaged in or
    4  is engaging in any unfair labor practice, the board OR ITS  AGENT  shall
    5  have THE power to [issue and cause to be served] SERVE upon such employ-
    6  er  [a  complaint  stating  the charges in that respect and containing a
    7  notice of hearing before the board at a place therein fixed to  be  held
    8  not  less than seven days after the serving of said complaint] A COPY OF
    9  THE CHARGE THAT WAS FILED WITH THE BOARD.  Any such  [complaint]  CHARGE
   10  may  be amended [by the board or its agent conducting the hearing at any
   11  time] FROM TIME TO TIME prior to the issuance of an order based thereon.
   12  The EMPLOYER OR THE person so [complained of]  CHARGED  shall  have  the
   13  right  to  file an answer to the original or amended [complaint not less
   14  than five days after the service of such original or amended  complaint]
   15  CHARGE  and  to  appear  in person or otherwise to give testimony at the
   16  place and time set [in the complaint] BY THE BOARD OR ITS AGENT. In  the
   17  discretion of a member or agent conducting the hearing, or of the board,
   18  any  other person may be allowed to intervene in the said proceeding and
   19  to present testimony. In any such proceeding  the  board  or  its  agent
   20  shall  not  be  bound  by  technical rules of evidence prevailing in the
   21  courts of law or equity.
   22    S 2. Subdivisions 1 and 5 of section 708 of the labor law, subdivision
   23  1 as amended by section 6 of part O of chapter 56 of the  laws  of  2010
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09428-01-1
       S. 4016                             2
    1  and  subdivision  5  as  amended by chapter 496 of the laws of 1963, are
    2  amended to read as follows:
    3    1.  The board, or its duly authorized agents or agencies, shall at all
    4  reasonable times have access to, for the purposes  of  examination,  and
    5  the  right  to  examine,  copy  or  photograph  any  evidence, including
    6  payrolls or lists of employees, of  any  person  being  investigated  or
    7  proceeded  against  that relates to any matter under investigation or in
    8  question. The board OR ITS DESIGNATED AGENTS shall have power  to  issue
    9  subpoenas  requiring  the  attendance and testimony of witnesses and the
   10  production of any evidence that relates to  any  matter  under  investi-
   11  gation  or  in  question before the board, its member, agent, or agency,
   12  conducting the hearing or investigation. Any member of the board, or any
   13  agent or agency designated by the board for such purposes, may  adminis-
   14  ter oaths and affirmations, examine witnesses, and receive evidence.
   15    5.  [Complaints]  CHARGES,  PETITIONS,  orders,  and other process and
   16  papers of the board, its member, agent, or agency, may be served  either
   17  personally  or  by  certified or registered mail [or by telegraph] or by
   18  leaving a copy thereof at the [principle] PRINCIPAL office or  place  of
   19  business of the person required to be served. The verified return by the
   20  individual  so serving the same setting forth the manner of such service
   21  shall be proof of the same, and the return post-office receipt [or tele-
   22  graph receipt] therefor when registered and mailed [or  telegraphed]  as
   23  aforesaid  shall  be  proof  of  service of the same. Witnesses summoned
   24  before the board, its member, agent, or agency shall be  paid  the  same
   25  fees  and  mileage  that are paid witnesses in the courts of this state,
   26  and witnesses whose depositions are taken and the person taking the same
   27  shall severally be entitled to the  same  fees  as  are  paid  for  like
   28  services in the courts of this state.
   29    S  3. This act shall take effect sixty days after it shall have become
   30  a law.