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67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal to Circuit Court.

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Download pdfLoading PDF... var pdf_url = 'http://law.justia.com/codes/kentucky/2009/067C00/pdf/410.pdf'; $(document).ready(function() { var embedwindow = $("#embed_document"); if ($.browser.msie){ embedwindow.html(''); } else { embedwindow.html(''); } }); Page 1 of 1 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 cabinet in the following manner: (1)Whenever it is charged by a consolidated local government or a labor organization thatanypersonhasengagedinorisengaginginanyunfairlaborpractices,the cabinetoranyhearingofficerdesignatedbythecabinetshallconductan 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,thenitshallissueafinalorderrequiringthepersontoceaseanddesist fromtheunfairlaborpractice,andtotakeanyaffirmativeactionincluding reinstatementofpoliceofficerswithorwithoutbackpay,aswilleffectuatethe policiesofthissection.Thefinalordermayfurtherrequirethepersontomake 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 unfairlaborpractice,thenthecabinetshallissueafinalorderdismissingthe 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 intheArmedForces,inwhicheventthesix(6)monthperiodshallbecomputed from the day of his or her discharge. No final order of the cabinet shall require the reinstatementofanyindividualasapoliceofficerwhohasbeensuspendedor discharged, or the payment to the individual of any back pay, if the individual was suspended or discharged for cause; (3)Untilafinalorderhasbeenappealed,thecabinetatanytime,uponreasonable 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; and (5)Anypersonaggrievedbyafinalorderofthecabinetmayobtainareviewofthe finalorderbyfilingapetitionintheCircuitCourtassignedjurisdictionunder subsection (4) of this section in accordance with KRS Chapter 13B. Effective:July 15, 2010 History:Amended2010Ky.Actsch. 24,sec. 67,effectiveJuly15,2010.--Created 2004 Ky. Acts ch. 101, sec. 6, effective July 13, 2004.
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    Page 1 of 1 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 cabinet 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
    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 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 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; and (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. 67, effective July 15, 2010. -- Created 2004 Ky. Acts ch. 101, sec. 6, effective July 13, 2004.

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