67C.410 Unfair labor practices and remedies therefor -- Hearing -- Final order --
451 words·~2 min read·
/ky/67c-410A 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 67C.406 shall be deemed to be unfair labor practices remedial by the cabinet in the following manner:
(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
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 with or without back pay, as will effectuate the
policies of this section. 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 named 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. No final order of the cabinet shall require the
reinstatement of any individual as a police officer 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; 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
subsection
(4)of this section in accordance with KRS Chapter 13B.