Kentucky Statutes 345.070 – Unfair labor practices and remedies therefor — Hearing — Final order –Appeal to Circuit Court
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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.
(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.
Terms Used In Kentucky Statutes 345.070
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Board: means the State Labor Relations Board. See Kentucky Statutes 345.010
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Firefighter: means an employee of the public employer engaged in serving the public by providing fire protection, including those covered by KRS Chapter 95. See Kentucky Statutes 345.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Labor organization: means any chartered labor organization of any kind in which firefighters participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rate of pay, hours of employment, or conditions of employment. See Kentucky Statutes 345.010
- Month: means calendar month. See Kentucky Statutes 446.010
- Person: includes one (1) or more individuals, labor organizations, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See Kentucky Statutes 345.010
- Public employer: means a city of the first class or a consolidated local government, or any city that petitions the secretary of the Education and Labor Cabinet to be included by this chapter. See Kentucky Statutes 345.010
(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.