67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order -- Appeal to Circuit Court.
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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 <br>remedial by the cabinet in the following manner: <br>(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 <br>cabinet or any hearing officer designated by the cabinet shall conduct an <br>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 <br>practice, then it shall issue a final order requiring the person to cease and desist <br>from the unfair labor practice, and to take any affirmative action including <br>reinstatement of police officers with or without back pay, as will effectuate the <br>policies of this section. The final order may further require the person to make <br>reports from time to time showing the extent to which he or she has complied with <br>the order. If, upon the preponderance of the evidence presented, the cabinet is not of <br>the opinion that the person named in the charge has engaged in or is engaging in the <br>unfair labor practice, then the cabinet shall issue a final order dismissing the <br>complaint. No final order shall issue based upon any unfair labor practice occurring <br>more than six (6) months prior to the filing of the charge with the cabinet, unless the <br>person aggrieved thereby was prevented from filing the charge by reason of service <br>in the Armed Forces, in which event the six (6) month period shall be computed <br>from the day of his or her discharge. No final order of the cabinet shall require the <br>reinstatement of any individual as a police officer who has been suspended or <br>discharged, or the payment to the individual of any back pay, if the individual was <br>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 <br>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 <br>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 <br>subsection (4) of this section in accordance with KRS Chapter 13B.
Effective: July 15, 2010 <br>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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