KRS 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 sectio n.

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 n amed 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. N o 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.