345.070 Unfair labor practices and remedies therefor -- Hearing -- Final order --

441 words·~2 min read·/ky/345-070

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Appeal to Circuit Court. 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

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.