2013 New York Consolidated Laws
LAB - Labor
Article 20 - (700 - 718) NEW YORK STATE LABOR RELATIONS ACT
706 - Prevention of unfair labor practices.

 
    § 706. Prevention of unfair labor practices. 1. The board is empowered
  and  directed,  as  hereinafter  provided,  to prevent any employer from
  engaging in any unfair labor practice. This power shall not be  affected
  or  impaired  by  any  means of adjustment, mediation or conciliation in
  labor disputes that have been or may hereafter be established by law.
    2. Whenever a charge has been made that any employer has engaged in or
  is engaging in any unfair labor practice, the board or its  agent  shall
  have the power to serve upon such employer a copy of the charge that was
  filed  with  the board and a notice setting the date for the service and
  filing of an answer. Any such charge may be amended from  time  to  time
  prior  to  the  issuance  of an order based thereon. The employer or the
  person so charged shall have the right to file an answer to the original
  or amended charge and to appear in person or otherwise to give testimony
  at the place and time set by the board or its agent. In  the  discretion
  of  a member or agent conducting the hearing, or of the board, any other
  person may be allowed to intervene in the said proceeding and to present
  testimony. In any such proceeding the board or its agent  shall  not  be
  bound  by technical rules of evidence prevailing in the courts of law or
  equity.
    3. The testimony taken at the hearing shall be reduced to writing  and
  filed  with  the  board.  Thereafter,  in its discretion, the board upon
  notice may take further testimony or hear  argument.  If  upon  all  the
  testimony  taken  the  board  shall  determine  that  the respondent has
  engaged in or is engaging in any unfair labor practice, the board  shall
  state  its  findings  of  fact and shall issue and cause to be served on
  such respondent an order requiring such respondent to cease  and  desist
  from such unfair labor practice, and to take such further affirmative or
  other action as will effectuate the policies of this article, including,
  but  not  limited  to  (a) withdrawal of recognition from and refraining
  from  bargaining  collectively  with  any   employee   organization   or
  association,  agency  or plan defined in this article as a company union
  or established, maintained or assisted by any  action  defined  in  this
  article  as  an  unfair  labor  practice;  (b) awarding of back pay; (c)
  reinstatement with or without back pay  of  any  employee  discriminated
  against  in violation of section seven hundred four, or maintenance of a
  preferential list from which such employee shall be  returned  to  work;
  (d)  reinstatement  with or without back pay of all employees whose work
  has ceased or whose return to work has been delayed or prevented as  the
  result  of  the  aforementioned  or  any  other unfair labor practice in
  respect to any employee or employees or maintenance  of  a  preferential
  list from which such employees shall be returned to work. Such order may
  further  require  such  person to make reports from time to time showing
  the extent to which the order has been complied with. If  upon  all  the
  testimony  the  board shall be of the opinion that the person or persons
  named in the complaint have not engaged in or are not  engaging  in  any
  such  unfair  labor  practice, then the board shall make its findings of
  fact and shall issue an order dismissing the complaint.
    4. Until a transcript of the record in a case shall have been filed in
  a court, as hereinafter provided,  the  board  may  at  any  time,  upon
  reasonable  notice and in such manner as it shall deem proper, modify or
  set aside, in whole or in part, any finding or order made or  issued  by
  it.
    5.  The  board  shall  not  require as a condition of taking action or
  issuing any order under  this  article,  that  employees  on  strike  or
  engaged  in  any other lawful, concerted activity shall discontinue such
  strike or such activity.

    6. The board shall consider all complaints or petitions filed with  it
  and  conduct  all  proceedings  under  this  article  with  all possible
  expedition.