NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7664
SPONSOR: Heastie TITLE OF BILL: An act to amend the labor law, in relation to the
power of the public employment relations board to investigate unfair
labor practices
PURPOSE OF THE BILL:
This bill would amend procedures under the New York State Employment
Relations Act (SERA), Labor Law §§ 700 et seq., regarding unfair labor
practices and the service of pleadings, orders and other papers by the
Public Employment Relations Board (PERB).
SUMMARY OF PROVISIONS:
Section 1 of the bill would amend Labor Law § 706(2) by eliminating.
the responsibility of PERB to investigate unfair labor practice charges
alleging violations of Labor Law §§ 704 and 704-a, and to issue and
prosecute complaints with respect to those charges, consistent with its
responsibilities under the Taylor Law.
Section 2 of the bill would amend Labor Law § 708(5) to delete reference
to the telegraph as an acceptable means of service under SERA. The bill
would also eliminate the need for PERB to utilize certified or regis-
tered mail as a means of mail service for all pleadings, orders and
other papers, rather than first-class mail. Under the proposed amend-
ment, PERB would be required to continue serving final orders issued by
the PERB Board by certified or registered mail.
Section 3 of the bill provides for an immediate effective date.
PRIOR LEGISLATIVE HISTORY:
A Similar bill, A8008-A./S4016 A, was introduced in the 2012 legislative
session.
STATEMENT IN SUPPORT:
SERA is New York's private sector collective bargaining law for employ-
ees and employers who are not covered by the National Labor Relations
Act and the Railway Labor Act. Effective July 22, 2010, PERB became
responsible for administering SERA along with its responsibilities under
the Public Employees' Fair Employment Act, which is commonly known as
the Taylor Law.
In contrast with PERB's practices under the Taylor Law, Labor Law §
706(2) includes an investigatory and prosecutorial role for PERB in the
processing of private sector unfair labor practice charges. The
provision requires PERB to investigate a private sector unfair labor
practice charge filed against a private employer and to issue or decline
to issue a complaint against that employer. Retention of SERA' s
outdated unfair labor practice procedure creates the potential for alle-
gations of partiality, because PERB also has the responsibility of medi-
ating private sector negotiation impasses and strikes under SERA.
The proposed amendment to Labor Law § 706(2) seeks to harmonize the
procedures for unfair labor practice charges under SERA with PERB's
decades-old procedures for the processing of improper practice charges
under Civil Service Law § 209-a. At the same time, the proposal seeks to
retain the agency's reputation for neutrality by eliminating the statu-
tory obligation to issue a complaint following an investigation after
the filing of an unfair labor practice charge under SERA.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This bill would take effect immediately.
