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345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order -Appeal to Circuit Court.
Violations of the provisions of KRS 345.050 shall be deemed to be unfair labor practices
remedial by the board in the following manner.
(1) Whenever it is charged by a public employer or a labor organization that any person
has engaged in or is engaging in any unfair labor practices, the board, or any hearing
officer designated by the board, shall conduct an administrative hearing in
accordance with KRS Chapter 13B.
(2) If upon the preponderance of the evidence presented the board 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 him to cease and desist from the
unfair labor practice, and to take any affirmative action including reinstatement of
firefighters with or without back pay, as will effectuate the policies of this chapter.
The final order may further require the person to make reports from time to time
showing the extent to which he has complied with the order. If upon the
preponderance of the evidence presented the board 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 board 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 board, 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 discharge. No final order of the board shall require the reinstatement of any
individual as a firefighter who has been suspended or discharged, or the payment to
him of any back pay, if the individual was suspended or discharged for cause.
(3) Until a final order has been appealed, the board 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 board 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 board 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, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 326, effective July 15, 1996. -- Created
1972 Ky. Acts ch. 120, sec. 8.
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