NY Lab L § 706 (2021)
2021 New York Laws LAB - Labor Article 20 - New York State Labor Relations Act 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.