S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5785
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2023
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Civil Service and Pensions
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10090-01-3
 S. 5785                             2
              

 
   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
 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
 S. 5785                             3
 
 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-
 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.
 S. 5785                             4
 
   (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
 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.
 S. 5785                             5
 
   § 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;
 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
 S. 5785                             6
 
 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
 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.
 S. 5785                             7
 
   § 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.