S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9971
 
                           I N  A S S E M B L Y
 
                                May 1, 2024
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Governmental Employees
 
 AN ACT to amend the civil service law, in relation to  unlawful  strikes
   by public employees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 200 of the civil service law, as amended by chapter
 24 of the laws of 1969, is amended to read as follows:
   § 200. Statement of policy. The legislature of the state of  New  York
 declares  that  it  is the public policy of the state and the purpose of
 this act to promote harmonious  and  cooperative  relationships  between
 government  and its employees and to protect the public by assuring[, at
 all times,] the orderly and uninterrupted operations  and  functions  of
 government.    These  policies  are  best effectuated by (a) granting to
 public employees the  right  of  organization  and  representation,  (b)
 requiring  the state, local governments and other political subdivisions
 to negotiate with, and  enter  into  written  agreements  with  employee
 organizations representing public employees which have been certified or
 recognized,  (c)  encouraging  such  public  employers and such employee
 organizations to agree  upon  procedures  for  resolving  disputes,  (d)
 creating  a  public  employment  relations  board to assist in resolving
 disputes between public employees and public employers, and (e) continu-
 ing the prohibition against UNLAWFUL strikes  by  public  employees  and
 providing remedies for violations of such prohibition.
   §  2.  Section 201 of the civil service law is amended by adding a new
 subdivision 9-a to read as follows:
   9-A. THE TERM "UNLAWFUL STRIKE" MEANS ANY  STRIKE  NOT  AUTHORIZED  BY
 SUBDIVISION FIVE OF SECTION TWO HUNDRED NINE OF THIS ARTICLE.
   §  3.  Subdivision 3 of section 207 of the civil service law, as added
 by chapter 392 of the laws of 1967, is amended to read as follows:
   3. certify or recognize an employee organization upon (a) the determi-
 nation that such organization represents that group of public  employees
 it  claims  to  represent,  and (b) the affirmation by such organization
 that it does not assert the  right  to  ENGAGE  IN  AN  UNLAWFUL  strike
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10090-01-3
 A. 9971                             2
 
 against  any  government,  to assist or participate in any such UNLAWFUL
 strike, or to impose an obligation to conduct, assist or participate  in
 such [a] AN UNLAWFUL strike.
   §  4.  Section 209 of the civil service law is amended by adding a new
 subdivision 5 to read as follows:
   5. (A) IT SHALL BE THE DUTY OF THE METROPOLITAN TRANSPORTATION AUTHOR-
 ITY, INCLUDING ITS SUBSIDIARIES, THE NEW YORK  CITY  TRANSIT  AUTHORITY,
 INCLUDING ITS SUBSIDIARIES, AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
 ITY,  THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, THE ROCHESTER-GENE-
 SEE REGIONAL TRANSPORTATION AUTHORITY, THE CAPITAL DISTRICT  TRANSPORTA-
 TION   AUTHORITY  AND  THE  CENTRAL  NEW  YORK  REGIONAL  TRANSPORTATION
 AUTHORITY (ALL HEREINAFTER REFERRED TO AS  TA-PUBLIC  EMPLOYERS),  THEIR
 OFFICERS, AGENTS, AND EMPLOYEES TO EXERT EVERY REASONABLE EFFORT TO MAKE
 AND  MAINTAIN  AGREEMENTS  CONCERNING  SALARIES,  WAGES, HOURS AND OTHER
 TERMS AND CONDITIONS OF EMPLOYMENT, AND TO SETTLE ALL DISPUTES,  WHETHER
 ARISING OUT OF THE APPLICATION OF SUCH AGREEMENTS OR OTHERWISE, IN ORDER
 TO AVOID ANY INTERRUPTION TO THE OPERATIONS AND FUNCTIONS OF GOVERNMENT.
 NO  TA-PUBLIC  EMPLOYER,  ITS OFFICERS, OR AGENTS SHALL CHANGE THE SALA-
 RIES, WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT  OF  ITS
 EMPLOYEES  AS  EMBODIED IN AGREEMENTS EXCEPT IN THE MANNER PRESCRIBED IN
 SUCH AGREEMENTS OR IN PARAGRAPH (B) OF THIS SUBDIVISION.
   (B) TA-PUBLIC EMPLOYERS AND EMPLOYEE ORGANIZATIONS SHALL GIVE AT LEAST
 ONE HUNDRED TWENTY DAYS' WRITTEN NOTICE OF AN INTENDED CHANGE TO  AGREE-
 MENTS AFFECTING SALARIES, WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF
 EMPLOYMENT,  AND  THE  TIME  AND PLACE FOR THE BEGINNING OF NEGOTIATIONS
 BETWEEN THE REPRESENTATIVES OF THE PARTIES SHALL BE AGREED  UPON  WITHIN
 TEN DAYS AFTER THE RECEIPT OF SUCH NOTICE, AND SUCH TIME SHALL BE WITHIN
 THIRTY  DAYS  OF  THE PROVISION OF SUCH NOTICE. IN EVERY CASE WHERE SUCH
 NOTICE OF INTENDED CHANGE HAS BEEN GIVEN, OR NEGOTIATIONS ARE BEING HELD
 WITH REFERENCE THERETO, OR THE SERVICES OF THE BOARD HAVE BEEN REQUESTED
 BY EITHER PARTY, OR SUCH BOARD HAS  PROFFERED  ITS  SERVICES,  SALARIES,
 WAGES,  HOURS  AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT SHALL NOT BE
 ALTERED BY THE TA-PUBLIC EMPLOYER UNTIL THE CONTROVERSY HAS BEEN FINALLY
 ACTED UPON. IF NINETY DAYS PRIOR TO THE INTENDED CHANGE IN AN AGREEMENT,
 THE PARTIES HAVE BEEN UNABLE TO REACH A NEW AGREEMENT, THE BOARD, IF  IT
 HAS NOT ALREADY DONE SO, SHALL APPOINT A MEDIATOR OR MEDIATORS REPRESEN-
 TATIVE  OF THE PUBLIC FROM A LIST OF QUALIFIED PERSONS MAINTAINED BY THE
 BOARD TO ASSIST THE PARTIES TO EFFECT  A  VOLUNTARY  RESOLUTION  OF  THE
 DISPUTE.  THE  BOARD SHALL PROMPTLY PUT ITSELF IN COMMUNICATION WITH THE
 PARTIES TO SUCH CONTROVERSY, AND SHALL USE ITS BEST  EFFORTS,  BY  MEDI-
 ATION, TO BRING THEM TO AGREEMENT. IF, AFTER SIXTY DAYS, SUCH EFFORTS TO
 BRING ABOUT AN AMICABLE SETTLEMENT THROUGH MEDIATION SHALL BE UNSUCCESS-
 FUL,  SUCH  BOARD  SHALL  AT  ONCE ENDEAVOR AS ITS FINAL REQUIRED ACTION
 (EXCEPT AS PROVIDED IN PARAGRAPHS (C), (G) AND (H) OF THIS  SUBDIVISION)
 TO  INDUCE  THE  PARTIES  TO SUBMIT THEIR CONTROVERSY TO ARBITRATION, IN
 ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVISION.
   (C) WHERE THE PARTIES HAVE VOLUNTARILY AGREED TO SUBMIT THEIR  CONTRO-
 VERSY  TO  ARBITRATION,  THE  BOARD  SHALL REFER THE DISPUTE TO A PUBLIC
 ARBITRATION PANEL, CONSISTING OF ONE  MEMBER  APPOINTED  BY  THE  PUBLIC
 EMPLOYER,  ONE  MEMBER  APPOINTED  BY  THE EMPLOYEE ORGANIZATION AND ONE
 PUBLIC MEMBER APPOINTED JOINTLY BY  THE  PUBLIC  EMPLOYER  AND  EMPLOYEE
 ORGANIZATION  WHO SHALL BE SELECTED WITHIN TEN DAYS AFTER RECEIPT BY THE
 BOARD OF A PETITION FOR CREATION OF THE  ARBITRATION  PANEL.  IF  EITHER
 PARTY FAILS TO DESIGNATE ITS MEMBER TO THE PUBLIC ARBITRATION PANEL, THE
 BOARD  SHALL PROMPTLY, UPON RECEIPT OF A REQUEST BY EITHER PARTY, DESIG-
 NATE A MEMBER ASSOCIATED IN INTEREST WITH THE PUBLIC EMPLOYER OR EMPLOY-
 A. 9971                             3
 
 EE ORGANIZATION SUCH MEMBER IS TO  REPRESENT.  EACH  OF  THE  RESPECTIVE
 PARTIES IS TO BEAR THE COST OF ITS MEMBER APPOINTED OR DESIGNATED TO THE
 ARBITRATION PANEL AND EACH OF THE RESPECTIVE PARTIES IS TO SHARE EQUALLY
 THE  COST  OF THE PUBLIC MEMBER. IF, WITHIN SEVEN DAYS AFTER THE MAILING
 DATE, THE PARTIES ARE UNABLE TO AGREE UPON THE ONE  PUBLIC  MEMBER,  THE
 BOARD  SHALL  SUBMIT  TO  THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
 PERSONS FOR THE SELECTION OF THE PUBLIC MEMBER. EACH PARTY SHALL  ALTER-
 NATELY  STRIKE FROM THE LIST ONE OF THE NAMES WITH THE ORDER OF STRIKING
 DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON SHALL BE DESIGNATED AS
 PUBLIC MEMBER. THIS PROCESS SHALL  BE  COMPLETED  WITHIN  FIVE  DAYS  OF
 RECEIPT  OF  THIS LIST. THE PARTIES SHALL NOTIFY THE BOARD OF THE DESIG-
 NATED PUBLIC MEMBER. THE PUBLIC MEMBER SHALL BE CHOSEN AS CHAIRMAN.  THE
 ARBITRATION PANEL SHALL HOLD HEARINGS ON ALL MATTERS WITHIN THE SCOPE OF
 NEGOTIATIONS RELATED TO THE DISPUTE FOR WHICH THE PANEL  WAS  APPOINTED.
 THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL OR BY OTHER REPRE-
 SENTATIVES  AS THEY MAY RESPECTIVELY DESIGNATE. THE PARTIES MAY PRESENT,
 EITHER ORALLY OR IN WRITING  OR  BOTH,  STATEMENT  OF  FACT,  SUPPORTING
 WITNESSES  AND  OTHER EVIDENCE AND ARGUMENT OF THEIR RESPECTIVE POSITION
 WITH RESPECT TO EACH CASE. THE PANEL SHALL HAVE AUTHORITY TO REQUIRE THE
 PRODUCTION OF SUCH ADDITIONAL EVIDENCE, EITHER ORAL OR  WRITTEN,  AS  IT
 MAY  DESIRE  FROM THE PARTIES AND SHALL PROVIDE AT THE REQUEST OF EITHER
 PARTY THAT A FULL AND COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS,  THE
 COST OF SUCH RECORD TO BE SHARED EQUALLY BY THE PARTIES.
   (D) ALL MATTERS PRESENTED TO SUCH PANEL FOR ITS DETERMINATION SHALL BE
 DECIDED BY A MAJORITY VOTE OF THE MEMBERS OF THE PANEL. THE PANEL, PRIOR
 TO A VOTE ON ANY ISSUE IN DISPUTE BEFORE IT, MAY REFER THE ISSUE BACK TO
 THE PARTIES FOR FURTHER NEGOTIATIONS.
   (E)  SUCH  PANEL  SHALL  MAKE  A  JUST AND REASONABLE DETERMINATION OF
 MATTERS IN DISPUTE. IN ARRIVING AT SUCH DETERMINATION, THE  PANEL  SHALL
 SPECIFY  THE BASIS FOR ITS FINDINGS, TAKING INTO CONSIDERATION, IN ADDI-
 TION TO ANY OTHER RELEVANT FACTORS, THE FOLLOWING:
   (I) COMPARISON OF THE WAGES, HOURS, FRINGE  BENEFITS,  CONDITIONS  AND
 CHARACTERISTICS  OF  EMPLOYMENT  OF THE PUBLIC EMPLOYEES INVOLVED IN THE
 IMPASSE PROCEEDING WITH THE WAGES, HOURS,  FRINGE  BENEFITS,  CONDITIONS
 AND  CHARACTERISTICS OF EMPLOYMENT OF OTHER EMPLOYEES PERFORMING SIMILAR
 WORK AND OTHER EMPLOYEES GENERALLY IN PUBLIC OR  PRIVATE  EMPLOYMENT  IN
 NEW YORK CITY OR COMPARABLE COMMUNITIES;
   (II)  THE  OVERALL  COMPENSATION PAID TO THE EMPLOYEES INVOLVED IN THE
 IMPASSE PROCEEDING, INCLUDING DIRECT  WAGE  COMPENSATION,  OVERTIME  AND
 PREMIUM  PAY,  VACATIONS,  HOLIDAYS  AND  OTHER EXCUSED TIME, INSURANCE,
 PENSIONS,  MEDICAL  AND  HOSPITALIZATION  BENEFITS,  FOOD  AND   APPAREL
 FURNISHED, AND ALL OTHER BENEFITS RECEIVED;
   (III)  THE IMPACT OF THE PANEL'S AWARD ON THE FINANCIAL ABILITY OF THE
 PUBLIC EMPLOYER TO PAY, ON  THE  PRESENT  FARES  AND  ON  THE  CONTINUED
 PROVISION OF SERVICES TO THE PUBLIC;
   (IV)  CHANGES  IN  THE AVERAGE CONSUMER PRICES FOR GOODS AND SERVICES,
 COMMONLY KNOWN AS THE COST OF LIVING;
   (V) THE INTEREST AND WELFARE OF THE PUBLIC; AND
   (VI) SUCH OTHER FACTORS AS ARE NORMALLY AND CUSTOMARILY CONSIDERED  IN
 THE  DETERMINATION  OF  WAGES,  HOURS, FRINGE BENEFITS AND OTHER WORKING
 CONDITIONS IN COLLECTIVE NEGOTIATIONS OR IMPASSE PANEL PROCEEDINGS.
   (F) THE PANEL SHALL HAVE FULL AUTHORITY  TO  RESOLVE  THE  MATTERS  IN
 DISPUTE  BEFORE  IT  AND  ISSUE A DETERMINATION WHICH SHALL BE FINAL AND
 BINDING UPON THE PARTIES, NOTWITHSTANDING ANY OTHER  PROVISION  OF  THIS
 ARTICLE.  EXCEPT FOR THE PURPOSES OF JUDICIAL REVIEW, ANY PROVISION OF A
 DETERMINATION OF THE ARBITRATION  PANEL,  THE  IMPLEMENTATION  OF  WHICH
 A. 9971                             4
 
 REQUIRES  AN ENACTMENT OF LAW, SHALL NOT BECOME BINDING UNTIL THE APPRO-
 PRIATE LEGISLATIVE BODY ENACTS SUCH LAW.
   (G) IF ARBITRATION AT THE REQUEST OF THE BOARD SHALL BE REFUSED BY ONE
 OR  BOTH PARTIES, THE BOARD SHALL AT ONCE NOTIFY BOTH PARTIES IN WRITING
 THAT ITS MEDIATORY EFFORTS HAVE FAILED AND FOR THIRTY  DAYS  THEREAFTER,
 UNLESS IN THE INTERVENING PERIOD THE PARTIES AGREE TO ARBITRATION, OR AN
 EMERGENCY  BOARD  SHALL  BE CREATED UNDER PARAGRAPH (H) OF THIS SUBDIVI-
 SION, NO CHANGE SHALL BE MADE IN THE SALARIES, WAGES,  HOURS  AND  OTHER
 TERMS  AND  CONDITIONS  OF EMPLOYMENT OR ESTABLISHED PRACTICES IN EFFECT
 PRIOR TO THE TIME THE DISPUTE AROSE.
   (H) IF A DISPUTE BETWEEN A TA-PUBLIC EMPLOYER AND ITS EMPLOYEES BE NOT
 RESOLVED UNDER THE FOREGOING PROVISIONS OF THIS SUBDIVISION AND  SHOULD,
 IN  THE  JUDGMENT  OF  THE  BOARD,  THREATEN  SUBSTANTIALLY TO INTERRUPT
 GOVERNMENTAL OPERATIONS AND FUNCTIONS TO A DEGREE SUCH AS TO DEPRIVE ANY
 SECTION OF THE STATE OF  ESSENTIAL  TRANSPORTATION  SERVICE,  THE  BOARD
 SHALL  NOTIFY  THE  GOVERNOR,  WHO  MAY  THEREUPON, IN THEIR DISCRETION,
 CREATE AN EMERGENCY BOARD TO  INVESTIGATE  AND  REPORT  RESPECTING  SUCH
 DISPUTE.  SUCH  EMERGENCY  BOARD  SHALL  BE  COMPOSED  OF SUCH NUMBER OF
 PERSONS AS TO THE GOVERNOR MAY SEEM DESIRABLE; PROVIDED,  HOWEVER,  THAT
 NO  MEMBER APPOINTED SHALL BE PECUNIARILY OR OTHERWISE INTERESTED IN ANY
 EMPLOYEE ORGANIZATION OR ANY TA-PUBLIC EMPLOYER. THE COMPENSATION OF THE
 MEMBERS OF ANY SUCH EMERGENCY BOARD SHALL BE FIXED BY THE GOVERNOR. SUCH
 EMERGENCY BOARD SHALL BE CREATED SEPARATELY IN EACH INSTANCE  AND  SHALL
 INVESTIGATE PROMPTLY THE FACTS AS TO THE DISPUTE AND MAKE A REPORT THER-
 EON TO THE GOVERNOR WITHIN THIRTY DAYS FROM THE DATE OF ITS CREATION.
   AFTER  THE  CREATION OF SUCH EMERGENCY BOARD AND FOR THIRTY DAYS AFTER
 SUCH EMERGENCY BOARD HAS MADE ITS REPORT TO  THE  GOVERNOR,  NO  CHANGE,
 EXCEPT  BY AGREEMENT, SHALL BE MADE BY THE PARTIES TO THE CONTROVERSY IN
 THE CONDITIONS OUT OF WHICH THE DISPUTE AROSE.
   (I) IF, THIRTY DAYS AFTER THE EMERGENCY BOARD ESTABLISHED PURSUANT  TO
 PARAGRAPH (H) OF THIS SUBDIVISION SUBMITS ITS REPORT TO THE GOVERNOR, OR
 WHERE  NO  EMERGENCY BOARD HAS BEEN CREATED, THIRTY DAYS AFTER THE BOARD
 HAS NOTIFIED BOTH PARTIES IN WRITING THAT  ITS  MEDIATORY  EFFORTS  HAVE
 FAILED,  THE PARTIES' DISPUTE STILL HAS NOT BEEN RESOLVED, THE TA-PUBLIC
 EMPLOYER MAY IMPLEMENT ITS LAST, BEST AND FINAL  OFFER  TO  RESOLVE  THE
 DISPUTE.  EMPLOYEES  OF  SUCH  TA-PUBLIC EMPLOYER WHO ENGAGE IN ANY WORK
 STOPPAGE ARISING OUT OF THE DISPUTE SHALL NOT BE CONSIDERED  ENGAGED  IN
 AN UNLAWFUL STRIKE.
   (J)  THIS  SUBDIVISION  SHALL  NOT  APPLY TO A CERTIFIED OR RECOGNIZED
 PUBLIC EMPLOYEE  ORGANIZATION  WHICH  REPRESENTS  ANY  PUBLIC  EMPLOYEES
 DESCRIBED  IN  SUBDIVISION SIXTEEN OF SECTION TWELVE HUNDRED FOUR OF THE
 PUBLIC AUTHORITIES LAW AND NOTHING CONTAINED WITHIN THIS  SECTION  SHALL
 BE  CONSTRUED  TO  DIVEST  THE  PUBLIC EMPLOYMENT RELATIONS BOARD OR ANY
 COURT OF COMPETENT JURISDICTION  OF  THE  FULL  POWER  OR  AUTHORITY  TO
 ENFORCE ANY ORDER MADE BY THE BOARD OR SUCH COURT PRIOR TO THE EFFECTIVE
 DATE OF THIS SUBDIVISION.
   § 5. Subdivision 1 of section 210 of the civil service law, as amended
 by chapter 24 of the laws of 1969, is amended to read as follows:
   1.  No public employee or employee organization shall engage in [a] AN
 UNLAWFUL strike, and no public employee or employee  organization  shall
 cause, instigate, encourage, or condone [a] AN UNLAWFUL strike.
   § 6. The subdivision heading and paragraphs (a), (b) and (c) of subdi-
 vision  2 of section 210 of the civil service law, as amended by chapter
 24 of the laws of 1969, are amended to read as follows:
   Violations and penalties; presumption; prohibition against consent  to
 UNLAWFUL  strike;  determination; notice; probation; payroll deductions;
 A. 9971                             5
 
 objections; and restoration. (a)  Violations  and  penalties.  A  public
 employee  shall  violate this subdivision by engaging in [a] AN UNLAWFUL
 strike or violating paragraph (c)  of  this  subdivision  and  shall  be
 liable  as  provided  in  this  subdivision  pursuant  to the procedures
 contained herein. In addition, any public employee who violates subdivi-
 sion one of this section may be subject to removal or other disciplinary
 action provided by law for misconduct.
   (b) Presumption. For purposes of this subdivision an employee  who  is
 absent  from  work without permission, or who abstains wholly or in part
 from the full performance of his duties in  his  normal  manner  without
 permission,  on  the  date  or dates when [a] AN UNLAWFUL strike occurs,
 shall be presumed to have engaged in such UNLAWFUL strike on  such  date
 or dates.
   (c) Prohibition against consent to UNLAWFUL strike. No person exercis-
 ing  on  behalf  of  any  public  employer any authority, supervision or
 direction over any public employee shall have the  power  to  authorize,
 approve,  condone  or consent to [a] AN UNLAWFUL strike, or the engaging
 in [a] AN UNLAWFUL strike, by one or more  public  employees,  and  such
 person shall not authorize, approve, condone or consent to such UNLAWFUL
 strike or engagement.
   §  7.  Paragraphs  (e)  and (f) of subdivision 3 of section 210 of the
 civil service law, paragraph (e) as amended by chapter 24 of the laws of
 1969 and paragraph (f) as amended by chapter 677 of the  laws  of  1977,
 are amended to read as follows:
   (e)  In  determining  whether  an  employee  organization has violated
 subdivision one of this section, the board shall  consider  (i)  whether
 the employee organization called the UNLAWFUL strike or tried to prevent
 it,  and  (ii) whether the employee organization made or was making good
 faith efforts to terminate the UNLAWFUL strike.
   (f) If the board determines that an employee organization has violated
 the provisions of subdivision one of this section, the board shall order
 forfeiture of the rights granted pursuant to the provisions of paragraph
 (b) of subdivision one, and subdivision three  of  section  two  hundred
 eight  of  this  [chapter] ARTICLE, for such specified period of time as
 the board shall determine, or, in the discretion of the  board,  for  an
 indefinite  period of time subject to restoration upon application, with
 notice to all interested parties,  supported  by  proof  of  good  faith
 compliance  with  the  requirements  of  subdivision one of this section
 since the date of such violation, such proof to  include,  for  example,
 the  successful  negotiation,  without a violation of subdivision one of
 this section, of a contract covering the employees in the unit  affected
 by  such  violation;  provided, however, that where a fine imposed on an
 employee organization pursuant  to  subdivision  two  of  section  seven
 hundred  fifty-one of the judiciary law remains wholly or partly unpaid,
 after the exhaustion of the cash and securities of the  employee  organ-
 ization,  the  board shall direct that, notwithstanding such forfeiture,
 such membership dues deduction shall be continued to the  extent  neces-
 sary  to  pay  such  fine  and  such public employer shall transmit such
 moneys to the court. In fixing the duration of the forfeiture, the board
 shall consider all the relevant facts and circumstances,  including  but
 not limited to: (i) the extent of any wilful defiance of subdivision one
 of  this  section  (ii)  the impact of the UNLAWFUL strike on the public
 health, safety, and welfare of the community  and  (iii)  the  financial
 resources  of  the employee organization; and the board may consider (i)
 the refusal of the  employee  organization  or  the  appropriate  public
 employer  or  the representative thereof, to submit to the mediation and
 A. 9971                             6
 
 fact-finding procedures provided in section two  hundred  nine  OF  THIS
 ARTICLE  and  (ii)  whether, if so alleged by the employee organization,
 the appropriate public employer or its representatives engaged  in  such
 acts of extreme provocation as to detract from the responsibility of the
 employee  organization  for  the  UNLAWFUL  strike.   In determining the
 financial resources  of  the  employee  organization,  the  board  shall
 consider  both  the income and the assets of such employee organization.
 In the event membership dues are collected by  the  public  employer  as
 provided  in  paragraph  (b)  of  subdivision one of section two hundred
 eight of this [chapter] ARTICLE, the books and records  of  such  public
 employer shall be prima facie evidence of the amount so collected.
   § 8. Subdivision 4 of section 210 of the civil service law, as amended
 by  chapter  24  of the laws of 1969 and as renumbered by chapter 503 of
 the laws of 1971, is amended to read as follows:
   4. Within sixty days of the termination of [a] AN UNLAWFUL strike, the
 chief executive officer of the government  involved  shall  prepare  and
 make  public  a  report  in  writing,  which shall contain the following
 information: (a) the circumstances surrounding the commencement  of  the
 UNLAWFUL  strike, (b) the efforts used to terminate the UNLAWFUL strike,
 (c) the names of those public employees whom the public officer or  body
 had  reason  to  believe  were  responsible  for causing, instigating or
 encouraging the UNLAWFUL strike and (d) related to the  varying  degrees
 of individual responsibility, the sanctions imposed or proceedings pend-
 ing against each such individual public employee.
   §  9. Section 211 of the civil service law, as added by chapter 392 of
 the laws of 1967, is amended to read as follows:
   § 211. Application for injunctive  relief.   1.  PURSUANT  TO  SECTION
 EIGHT  HUNDRED  SEVEN  OF  THE LABOR LAW, A PARTY SUBJECT TO SUBDIVISION
 FIVE OF SECTION TWO HUNDRED NINE  OF  THIS  ARTICLE  MAY  APPLY  TO  THE
 SUPREME  COURT FOR AN INJUNCTION TO PRESERVE THE STATUS QUO UPON A SHOW-
 ING THAT (A) THERE IS REASONABLE CAUSE TO BELIEVE A VIOLATION OF  SUBDI-
 VISION  FIVE  OF  SECTION TWO HUNDRED NINE OF THIS ARTICLE HAS OCCURRED,
 AND (B) WHERE IT APPEARS THAT IMMEDIATE AND IRREPARABLE INJURY, 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.
   2.  Notwithstanding  the  provisions of section eight hundred seven of
 the labor law, where it appears that public  employees  or  an  employee
 organization  threaten  or  are  about  to  do,  or are doing, an act in
 violation of section two hundred ten of this article, the  chief  execu-
 tive  officer  of the government involved shall (a) forthwith notify the
 chief legal officer of the government involved,  and  (b)  provide  such
 chief  legal  officer  with such facilities, assistance and data as will
 enable the chief legal officer to carry out his OR HER duties under this
 section, and, notwithstanding the failure or refusal of the chief execu-
 tive officer to act as aforesaid, the chief legal officer of the govern-
 ment involved shall forthwith apply to the supreme court for an  injunc-
 tion  against  such  violation.    If an order of the court enjoining or
 restraining such violation does not receive compliance, such chief legal
 officer shall forthwith apply  to  the  supreme  court  to  punish  such
 violation under section seven hundred fifty of the judiciary law.
   §  10. This act shall take effect immediately; provided, however, that
 section four of this act shall take effect on the same date as the expi-
 ration of subdivision 5 of section 209  of  the  civil  service  law  as
 provided in section 45 of chapter 929 of the laws of 1986, as amended.