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 cabinet 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 cabinet or
any hearing officer designated by the cabinet shall conduct an administrative
hearing in accordance with KRS Chapter 13B.
(2) If, upon the preponderance of the evidence presented, the cabinet 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 cabinet 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 cabinet 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 cabinet, 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 cabinet 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 cabinet 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 cabinet 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 cabinet 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 15, 2010
History: Amended 2010 Ky. Acts ch. 24, sec. 62, effective July 15, 2010. -- Amended
2006 Ky. Acts ch. 177, sec. 6, effective July 12, 2006. -- Created 2004 Ky. Acts
ch. 100, sec. 6, effective July 13, 2004.
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