.410 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal to Circuit Court.
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67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order --
Appeal to Circuit Court.
Violations of the provisions of KRS 67C.406 shall be deemed to be unfair labor practices
remedial by the department in the following manner.
(1) Whenever it is charged by a consolidated local 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 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 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 13, 2004
History:Created 2004 Ky. Acts ch. 101, 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
the reorganization of the executive branch. Such a correction has been made in this
section.
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