S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9411
 
                           I N  A S S E M B L Y
 
                               March 3, 2022
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend  the civil service law and the civil practice law and
   rules, in relation to the grounds  for  which  the  public  employment
   relations board may seek injunctive relief
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision 4  of  section  209-a  of  the
 civil  service  law,  as  added  by  chapter 695 of the laws of 1994, is
 amended to read as follows:
   (a) A party filing an improper practice charge under this section  may
 petition  the  board  to obtain injunctive relief, pending a decision on
 the merits of said charge by an administrative law judge, upon a showing
 that: (i) there is reasonable cause to believe an improper practice  has
 occurred, and (ii) where it appears that immediate and irreparable inju-
 ry, loss or damage will result thereby rendering a resulting judgment on
 the  merits  ineffectual necessitating the maintenance of, or return to,
 the status quo to provide meaningful relief. FOR THE  PURPOSES  OF  THIS
 SUBDIVISION, "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL INCLUDE, BUT NOT
 BE  LIMITED  TO  LOSS  OF  EMPLOYMENT, ACTIONS THAT ADVERSELY AFFECT THE
 HEALTH OR WELFARE, OR PERMANENT LOSS OF AN EMPLOYEE RIGHT  OR  PRIVILEGE
 ESTABLISHED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT.
   §  2.  Section  6301 of the civil practice law and rules is amended to
 read as follows:
   § 6301. Grounds for preliminary injunction and  temporary  restraining
 order.    A preliminary injunction may be granted in any action where it
 appears that the defendant threatens or is about to do, or is  doing  or
 procuring  or  suffering  to  be  done,  an  act  in  violation  of  the
 plaintiff's rights respecting the subject of the action, and tending  to
 render  the  judgment  ineffectual, or in any action where the plaintiff
 has demanded and would be entitled to a judgment restraining the defend-
 ant from the commission or continuance of an act, which, if committed or
 continued during the pendency of the action, would produce injury to the
 plaintiff. A temporary restraining order may be granted pending a  hear-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14357-02-2
 A. 9411                             2
 
 ing  for  a  preliminary  injunction where it appears that immediate and
 irreparable injury, loss or damage will result unless the  defendant  is
 restrained  before  the  hearing  can  be had.  FOR THE PURPOSES OF THIS
 SECTION,  "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL INCLUDE, BUT NOT BE
 LIMITED TO LOSS OF EMPLOYMENT, ACTIONS THAT ADVERSELY AFFECT THE  HEALTH
 OR  WELFARE,  OR PERMANENT LOSS OF AN EMPLOYEE RIGHT OR PRIVILEGE ESTAB-
 LISHED PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT, AS  SET  FORTH  IN
 SUBDIVISION FOUR OF SECTION TWO HUNDRED NINE-A OF THE CIVIL SERVICE LAW.
   §  3.  Subdivision  (a)  of section 6313 of the civil practice law and
 rules, as amended by chapter 235 of the laws of 1982, is amended to read
 as follows:
   (a) Generally.   If, on a motion for  a  preliminary  injunction,  the
 plaintiff  shall  show  that  immediate  and irreparable injury, loss or
 damages will result unless the defendant is restrained before a  hearing
 can be had, a temporary restraining order may be granted without notice.
 Upon  granting  a  temporary  restraining order, the court shall set the
 hearing for the preliminary injunction at the earliest possible time. No
 temporary restraining order may be granted in an action arising out of a
 labor dispute as defined in section eight hundred  seven  of  the  labor
 law, nor against a public officer, board or municipal corporation of the
 state to restrain the performance of statutory duties.  FOR THE PURPOSES
 OF THIS SUBDIVISION, "IRREPARABLE INJURY, LOSS OR DAMAGE" SHALL HAVE THE
 SAME  MEANING  AS SET FORTH IN SECTION SIX THOUSAND THREE HUNDRED ONE OF
 THIS ARTICLE.
   § 4. This act shall take effect immediately; provided,  however,  that
 the amendments to paragraph (a) of subdivision 4 of section 209-a of the
 civil  service  law made by section one of this act shall not affect the
 repeal of such subdivision and shall be deemed repealed therewith.