.6906 Unfair labor practices and remedies therefor -- Hearing -- Findings -- Expenses.
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67A.6906 Unfair labor practices and remedies therefor -- Hearing -- Findings --
Expenses.
Violations of the provisions of KRS 67A.6904 shall be deemed to be unfair labor
practices remedial by the department in the following manner.
(1) Whenever it is charged by an urban-county government or a labor organization that
any person has engaged in or is engaging in any unfair labor practices, the
department or any hearing officer designated by the department shall conduct an
administrative hearing in accordance with KRS Chapter 13B.
(2) If, upon the preponderance of the evidence presented, the department is of the
opinion that any person named in the charge has engaged in or is engaging in an
unfair labor practice, then it shall issue a final order requiring the person to cease
and desist from the unfair labor practice, and to take any affirmative action
including reinstatement of police officers, firefighter personnel, firefighters, or
corrections personnel with or without back pay, as will effectuate the policies of this
section. The final order may further require the person to make reports from time to
time showing the extent to which he or she has complied with the order. If, upon the
preponderance of the evidence presented, the department is not of the opinion that
the person named in the charge has engaged in or is engaging in the unfair labor
practice, then the department shall issue a final order dismissing the complaint. No
final order shall issue based upon any unfair labor practice occurring more than six
(6) months prior to the filing of the charge with the department, unless the person
aggrieved thereby was prevented from filing the charge by reason of service in the
Armed Forces, in which event, the six (6) month period shall be computed from the
day of his or her discharge. No final order of the department shall require the
reinstatement of any individual as a police officer, firefighter personnel, firefighter,
or corrections personnel who has been suspended or discharged, or the payment to
the individual of any back pay, if the individual was suspended or discharged for
cause.
(3) Until a final order has been appealed, the department at any time, upon reasonable
notice and in the manner that it deems proper, may modify or set aside, in whole or
in part, any final order made or issued by it.
(4) The department or the charging party may petition for the enforcement of the final
order and for appropriate temporary relief or restraining order in the Circuit Court
for the county in which the violation occurred.
(5) Any person aggrieved by a final order of the department may obtain a review of the
final order by filing a petition in the Circuit Court assigned jurisdiction under
subsection (4) of this section in accordance with KRS Chapter 13B.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 177, sec. 6, effective July 12, 2006. -- Created
2004 Ky. Acts ch. 100, sec. 6, effective July 13, 2004.
Legislative Research Commission Note (6/20/2005). 2005 Ky. Acts chs. 11, 85, 95, 97,
98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
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the reorganization of the executive branch. Such a correction has been made in this
section.
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