N.Y. Labor Law § 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.