§ 205. Public employment relations board. 1. There is hereby created
in the department a board, to be known as the public employment
relations board, which shall consist of three members appointed by the
governor, by and with the advice and consent of the senate from persons
representative of the public. Not more than two members of the board
shall be members of the same political party. Each member shall be
appointed for a term of six years, except that of the members first
appointed, one shall be appointed for a term to expire on May
thirty-first, nineteen hundred sixty-nine, one for a term to expire on
May thirty-first, nineteen hundred seventy-one, and one for a term to
expire on May thirty-first, nineteen hundred seventy-three. The governor
shall designate one member who shall serve as chairperson of the board
until the expiration of his or her term. A member appointed to fill a
vacancy shall be appointed for the unexpired term of the member whom he
or she is to succeed.

2. Members of the board shall hold no other public office or public
employment in the state. The chairperson shall give his or her whole
time to his or her duties.

3. Members of the board other than the chairperson shall, when
performing the work of the board, be compensated at the rate of two
hundred fifty dollars per day, together with an allowance for actual and
necessary expenses incurred in the discharge of their duties hereunder.
The chairperson shall receive an annual salary to be fixed within the
amount available therefor by appropriation, in addition to an allowance
for expenses actually and necessarily incurred by him or her in the
performance of his or her duties.

4. (a) The chairperson of the board may appoint an executive director
and such other persons, including but not limited to attorneys,
mediators, members of fact-finding boards and representatives of
employee organizations and public employers to serve as technical
advisers to such fact-finding boards, as it may from time to time deem
necessary for the performance of its functions, prescribe their duties,
fix their compensation and provide for reimbursement of their expenses
within the amounts made available therefor by appropriation. Attorneys
appointed under this section may, at the direction of the chairperson of
the board, appear for and represent the board in any case in court.

(b) No member of the board or its appointees pursuant to this
subdivision, including without limitation any mediator or fact-finder
employed or retained by the board, shall, except as required by this
article, be compelled to nor shall he or she voluntarily disclose to any
administrative or judicial tribunal or at the legislative hearing, held
pursuant to subparagraph (iii) of paragraph (e) of subdivision three of
section two hundred nine of this article, any information relating to
the resolution of a particular dispute in the course of collective
negotiations acquired in the course of his or her official activities
under this article, nor shall any reports, minutes, written
communications, or other documents pertaining to such information and
acquired in the course of his or her official activities under this
article be subject to subpoena or voluntarily disclosed; except that
where the information so required indicates that the person appearing or
who has appeared before the board has been the victim of, or otherwise
involved in, a crime, other than a criminal contempt in a case involving
or growing out of a violation of this article, said members of the board
and its appointees may be required to testify fully in relation thereto
upon any examination, trial, or other proceeding in which the commission
of such crime is the subject of inquiry.

5. In addition to the powers and functions provided in other sections
of this article, the board shall have the following powers and
functions:

(a) To establish procedures consistent with the provisions of section
two hundred seven of this article and after consultation with interested
parties, to resolve disputes concerning the representation status of
employee organizations.

(b) To resolve, pursuant to such procedures, disputes concerning the
representation status of employee organizations of employees of the
state and state public authorities upon request of any employee
organization, state department or agency or state public authority
involved.

(c) To resolve, pursuant to such procedures but only in the absence of
applicable procedures established pursuant to section two hundred six of
this article, disputes concerning the representation status of other
employee organizations, upon request of any employee organization or
other government or public employer involved.

(d) To establish procedures for the prevention of improper employer
and employee organization practices as provided in section two hundred
nine-a of this article, and to issue a decision and order directing an
offending party to cease and desist from any improper practice, and to
take such affirmative action as will effectuate the policies of this
article (but not to assess exemplary damages), including but not limited
to the reinstatement of employees with or without back pay; provided,
however, that except as appropriate to effectuate the policies of
subdivision three of section two hundred nine-a of this article, the
board shall not have authority to enforce an agreement between an
employer and an employee organization and shall not exercise
jurisdiction over an alleged violation of such an agreement that would
not otherwise constitute an improper employer or employee organization
practice; provided further that, without limiting in any way the board's
general power to take affirmative action, including the provision to
make whole relief, the board's power to address employer violations of
cease and desist orders issued pursuant to this section in connection
with charges of unfair labor practices under paragraph (d) of
subdivision one of section two hundred nine-a of this article shall
include, to the extent the board deems appropriate, the authority to
make employees whole for the loss of pay and/or benefits resulting from
the violation of the cease and desist order and the underlying unfair
labor practice by providing that any agreement between the parties be
given retroactive effect to the date on which the unfair labor practice
was found to have commenced and by providing for appropriate interest
from that date, calculated using the short-term federal rate for the
underpayment of taxes as set out in 26 U.S.C. 6621.14, except that the
make whole relief provided for under this paragraph shall not be ordered
when and to the extent that the employee organization is also found to
have refused to bargain in good faith. When the board has determined
that a duly recognized or certified employee organization representing
public employees has breached its duty of fair representation in the
processing or failure to process a claim alleging that a public employer
has breached its agreement with such employee organization, the board
may direct the employee organization and the public employer to process
the contract claim in accordance with the parties' grievance procedure.
The board may, in its discretion, retain jurisdiction to apportion
between such employee organization and public employer any damages
assessed as a result of such grievance procedure. The pendency of
proceedings under this paragraph shall not be used as the basis to delay
or interfere with determination of representation status pursuant to
section two hundred seven of this article or with collective
negotiations. The board shall exercise exclusive nondelegable
jurisdiction of the powers granted to it by this paragraph, in which
connection, no finding of fact or law contained in a report and
recommendation of a hearing officer appointed pursuant to subdivision
two of section seventy-five of this chapter shall preclude the
resolution of any issue of fact or law in a subsequent proceeding held
under procedures established by the board under this paragraph;
provided, however, that this sentence shall not apply to the city of New
York. The board of collective bargaining established by section eleven
hundred seventy-one of the New York city charter shall establish
procedures for the prevention of improper employer and employee
organization practices as provided in section 12-306 of the
administrative code of the city of New York, provided, however, that a
party aggrieved by a final order issued by the board of collective
bargaining in an improper practice proceeding may, within ten days after
service of the final order, petition the board for review thereof.
Within twenty days thereafter, the board, in its discretion, may assert
jurisdiction to review such final order. The failure or refusal of the
board to assert jurisdiction shall not be subject to judicial review.
Upon the refusal of the board to assert jurisdiction, an aggrieved party
shall have the right to seek review of the final order of the board of
collective bargaining. Such proceeding to review shall be brought within
thirty days of the board's refusal and shall otherwise conform to the
requirements of article seventy-eight of the civil practice law and
rules. If the board shall choose to review, it may affirm, or reverse in
whole or in part, or modify the final order, or remand the matter for
further proceedings, or make such other order as it may deem
appropriate, provided, however, that findings by the board of collective
bargaining regarding evidentiary matters and issues of credibility
regarding testimony of witnesses shall be final and not subject to board
review.

(e) To make studies and analyses of, and act as a clearing house of
information relating to, conditions of employment of public employees
throughout the state.

(f) To request from any government, and such governments are
authorized to provide, such assistance, services and data as will enable
the board properly to carry out its functions and powers.

(g) To conduct studies of problems involved in representation and
negotiation, including, but not limited to (i) the problems of unit
determination, (ii) those subjects which are open to negotiation in
whole or in part, (iii) those subjects which require administrative or
legislative approval of modifications agreed upon by the parties, and
(iv) those subjects which are for determination solely by the
appropriate legislative body, and make recommendations from time to time
for legislation based upon the results of such studies.

(h) To make available to employee organizations, governments,
mediators, fact-finding boards and joint study committees established by
governments and employee organizations statistical data relating to
wages, benefits and employment practices in public and private
employment applicable to various localities and occupations to assist
them to resolve complex issues in negotiations.

(i) to establish, after consulting representatives of employee
organizations and administrators of public services, panels of qualified
persons broadly representative of the public to be available to serve as
mediators, arbitrators or members of fact-finding boards.

(j) To hold such hearings and make such inquiries as it deems
necessary for it properly to carry out its functions and powers. At any
conference, hearing, investigation, inquiry or other proceeding before
the board or any agent thereof, a party shall have the right to appear
in person, by counsel or by other authorized representative. Nothing
contained herein shall restrict the right of the board to exclude,
suspend or disbar any representative for misconduct in accordance with
the board's rules.

(k) For the purpose of such hearings and inquiries, to administer
oaths and affirmations, examine witnesses and documents, take testimony
and receive evidence, compel the attendance of witnesses and the
production of documents by the issuance of subpoenas, and delegate such
powers to any member of the board or any person appointed by the board
for the performance of its functions. Such subpoenas shall be regulated
and enforced under the civil practice law and rules.

(l) To make, amend and rescind, from time to time, such rules and
regulations, including but not limited to those governing its internal
organization and conduct of its affairs, and to exercise such other
powers, as may be appropriate to effectuate the purposes and provisions
of this article.

(m) To administer the provisions of article twenty of the labor law to
the extent provided for in such article, and to serve all the functions
of the board as defined in section seven hundred one of the labor law,
including to make, amend and rescind such rules and regulations as may
be necessary to carry out the provisions of such article.

6. Notwithstanding any other provisions of law, neither the president
of the civil service commission nor the civil service commission or any
other officer, employer, board or agency of the department of civil
service shall supervise, direct or control the board in the performance
of any of its functions or the exercise of any of its powers under this
article; provided, however, that nothing herein shall be construed to
exempt employees of the board from the provisions of the civil service
law.