S T A T E O F N E W Y O R K
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10457
I N A S S E M B L Y
May 25, 2022
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Septimo) --
read once and referred to the Committee on Ways and Means
AN ACT to amend the labor law, in relation to directing the New York
state public employment relations board to establish and promulgate
rules authorizing an electronic filing program to provide informative
materials for employees and employers on its website
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The labor law is amended by adding a new section 708-a to
read as follows:
§ 708-A. E-FILING PROGRAM FOR THE PURPOSE OF FILING PAPERS ELECTRON-
ICALLY. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE NEW YORK
STATE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL ESTABLISH AND PROMULGATE
RULES AUTHORIZING AN ELECTRONIC FILING PROGRAM (HEREINAFTER REFERRED TO
AS "E-FILING"), IN THE USE OF ELECTRONIC MEANS FOR: (A) THE COMMENCEMENT
OF A PROCEEDING; AND (B) THE FILING AND SERVICE OF PAPERS IN PENDING
PROCEEDINGS. THE BOARD'S WEBSITE SHALL CONTAIN THE E-FILING PROGRAM
ALONG WITH INSTRUCTIONS FOR E-FILING, SUCH RULES REGARDING E-FILING, AND
CERTAIN FORMS PROMULGATED BY THE BOARD THAT PARTIES OR OTHER PERSONS MAY
USE TO PREPARE THEIR DOCUMENTS FOR E-FILING.
2. UNLESS OTHERWISE PERMITTED UNDER THIS SECTION, ALL DOCUMENTS FILED
IN CASES BEFORE THE BOARD SHALL BE FILED ELECTRONICALLY (HEREINAFTER
REFERRED TO AS "E-FILED"), ON THE BOARD'S WEBSITE, UNLESS THE PARTY CAN
ESTABLISH TO THE BOARD THAT IT DOES NOT HAVE ACCESS TO THE MEANS FOR
E-FILING OR THAT E-FILING WOULD IMPOSE AN UNDUE BURDEN.
§ 2. Subdivision 5 of section 708 of the labor law, as amended by
chapter 148 of the laws of 2013, is amended to read as follows:
5. [Charges] COMPLAINTS, CHARGES, petitions, orders, NOTICES OF HEAR-
ING, and other process and papers of the board, its member, agent, or
agency, may be served either personally or by regular mail or by leaving
a copy thereof at the principal office or place of business of the
person required to be served, OR BY E-FILING PURSUANT TO SECTION SEVEN
HUNDRED EIGHT-A OF THIS ARTICLE UPON THE EFFECTIVENESS OF SUCH SECTION,
PROVIDED THAT UNTIL THE EFFECTIVENESS OF SECTION SEVEN HUNDRED EIGHT-A
OF THIS ARTICLE, PARTIES SHALL PROVIDE COURTESY COPIES OF ALL PROCESS
AND PAPERS SERVED BY REGULAR MAIL TO THE RECIPIENT PARTY BY ELECTRONIC
MAIL TO THE ELECTRONIC MAILING ADDRESS DESIGNATED BY THE PARTY FOR SUCH
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15943-01-2
A. 10457 2
PURPOSE UNLESS THE PARTY CAN ESTABLISH TO THE BOARD THAT IT DOES NOT
HAVE ACCESS TO THE MEANS TO SEND COURTESY COPIES BY ELECTRONIC MAIL OR
THAT IT WOULD IMPOSE AN UNDUE BURDEN. The verified return OR CERTIFICATE
OF SERVICE by the individual so serving the same setting forth the
manner of such service shall be proof of the same, and the return post
office receipt therefor when registered and mailed as aforesaid shall be
proof of service of the same. Witnesses summoned before the board, its
member, agent, or agency shall be paid the same fees and mileage that
are paid witnesses in the courts of this state, and witnesses whose
depositions are taken and the person taking the same shall severally be
entitled to the same fees as are paid for like services in the courts of
this state. Final orders issued by the board shall be served upon the
parties by registered or certified mail. THE BOARD SHALL E-FILE ALL
ORDERS, NOTICES OF HEARING, AND OTHER PROCESS AND PAPERS ORIGINATING
FROM THE BOARD PURSUANT TO SECTION SEVEN HUNDRED EIGHT-A OF THIS ARTICLE
UPON THE EFFECTIVENESS OF SUCH SECTION, PROVIDED THAT UNTIL THE EFFEC-
TIVENESS OF SECTION SEVEN HUNDRED EIGHT-A OF THIS ARTICLE, THE BOARD
SHALL SEND COURTESY COPIES OF SUCH ORDERS, NOTICES OF HEARING, AND OTHER
PROCESS AND PAPERS ORIGINATING FROM THE BOARD BY ELECTRONIC MAIL UPON
ALL PARTIES WHO HAVE PROVIDED AN ELECTRONIC MAILING ADDRESS DESIGNATED
FOR SUCH PURPOSE.
§ 3. The labor law is amended by adding a new section 710-a to read as
follows:
§ 710-A. PUBLICLY ACCESSIBLE DECISION INDEX. THE BOARD SHALL ESTABLISH
AND MAINTAIN A CURRENT INDEX, BY TOPIC, OF THE PRINCIPLES OF LAW ESTAB-
LISHED BY THE DECISIONS RENDERED BY THE BOARD AND ITS PREDECESSORS AND
THE COURTS CONCERNING MATTERS ARISING UNDER THIS ARTICLE AND UNDER ARTI-
CLE FOURTEEN OF THE CIVIL SERVICE LAW. SUCH INDEX SHALL CITE ALL APPRO-
PRIATE AUTHORITY WHICH SUPPORTS SUCH PRINCIPLES AND, WHERE APPROPRIATE,
ALL CONFLICTING AUTHORITY. SUCH INDEX SHALL ALSO CONTAIN A GLOSSARY OF
TECHNICAL AND STATUTORY TERMS COMMONLY USED BY THE BOARD IN ITS DECI-
SIONS. COPIES OF SUCH INDEX SHALL BE OPEN FOR PUBLIC INSPECTION AND
EXAMINATION, AND SHALL BE MADE AVAILABLE AT ALL LOCATIONS WHERE UNEM-
PLOYMENT INSURANCE HEARINGS, AUTHORIZED OR MANDATED UNDER THIS ARTICLE
ARE CONDUCTED, AND ELECTRONICALLY ON THE BOARD'S WEBSITE.
§ 4. The labor law is amended by adding a new section 710-b to read as
follows:
§ 710-B. ELECTRONICALLY AVAILABLE INFORMATION. THE BOARD SHALL CREATE
WRITTEN MATERIALS INFORMING EMPLOYERS AND EMPLOYEES OF THE RIGHTS
AFFORDED PURSUANT TO THIS ARTICLE AND UNDER ARTICLE FOURTEEN OF THE
CIVIL SERVICE LAW TO BE MADE AVAILABLE ON THE BOARD'S WEBSITE. SUCH
MATERIALS SHALL BE TRANSLATED INTO THE TWELVE MOST COMMON NON-ENGLISH
LANGUAGES SPOKEN BY LIMITED-ENGLISH PROFICIENT INDIVIDUALS IN THE STATE,
BASED ON THE DATA IN THE MOST RECENT AMERICAN COMMUNITY SURVEY PUBLISHED
BY THE UNITED STATES CENSUS BUREAU. SUCH MATERIALS SHALL INCLUDE THE
RIGHTS AFFORDED UNDER THE FARM LABORERS FAIR LABOR PRACTICES ACT PURSU-
ANT TO CHAPTER ONE HUNDRED FIVE OF THE LAWS OF TWO THOUSAND NINETEEN.
§ 5. This act shall take effect immediately; provided, however, that
sections one and three of this act shall take effect one year after it
shall have become a law and section four of this act shall take effect
on the one hundred twentieth day after it shall have become a law.
Effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized to be made and completed on or before such
effective date.