A07133 Summary:

BILL NO    A07133 

SAME AS    No same as

SPONSOR    Abbate (MS)

COSPNSR    

MLTSPNSR   Aubry, McEneny, Pheffer, Saladino, Townsend, Zebrowski

Amd S209, Civ Serv L

Relates to pre-arbitration time limits involving negotiation disputes.

A07133 Actions:

BILL NO    A07133 

03/23/2009 referred to governmental employees
01/06/2010 referred to governmental employees

A07133 Votes:

A07133 Memo:

BILL NUMBER:A7133

TITLE OF BILL:  An act to amend the civil service law, in relation to
certain pre-arbitration time limits involving negotiation disputes
between public employers and certain public employees

Purpose of the bill:  This bill would eliminate certain confusing time
periods contained in New York Civil

Service Law ("CSL") SS 209.4(b), (c)(ii) and 5(a) with respect to
interest arbitration and impose a fixed time frame for the selection
of a neutral interest arbitration panel member.  Summary of
provisions:

Section 1 of the bill amends CSL S 209(4)(b) to eliminate the current
specific timeframe (fifteen days) within which a mediator has to
effectuate a settlement of a collective negotiations impasse before
either party may petition the Public Employment Relations Board
("Board") to refer the impasse to a public arbitration panel.

Section 1 also amends CSL S 4.(c)(ii) by eliminating the specific
timeframe (ten days) within which each party has to designate its
member and jointly appoint a public member for a public arbitration
panel. The amendment to the subparagraph will require that the
designation of a party member to a public arbitration panel be in
accordance with rules promulgated by the board and establishes a
timeframe (at twenty days), along with a procedure, for the selection
of a public member to a public arbitration panel.

Section 2 of the bill amends CSL S 209(5)(a), in relation to contract
negotiations involving the New York City Transit Authority or the
Metropolitan Transportation Authority, by eliminating the specific
timeframe (ten days) within which each party has to designate its
member and jointly appoint the public member for a public arbitration
panel. The amendment to the subparagraph will require the designation
of a party member to a public arbitration panel be in accordance with
rules promulgated by the board and establishes a timeframe (at twenty
days), along with a procedure, for the selection of a public member to
a public arbitration panel.

Section 3 of the bill provides that it will be effective immediately;
provided, that the amendments to CSL SS 209(4) and 209(5), made by
section 1 and 2 of the bill, will not affect the expiration of such
sections and shall be deemed to expire therewith.

Existing, law:

CSL S209.4(b) provides that 1 S days after a mediator's appointment,
either party can petition PERB to have the negotiations dispute
referred to an interest arbitration panel.

CSL SS 209(4)(c)(ii) and 209(5)(a) (specifically in relation to
contract negotiations involving the New York City Transit Authority or
the Metropolitan Transportation Authority) provide that the members of
a public arbitration panel shall consist of three members selected.
within ten days after receipt by the board of a petition for the
creation of.the arbitration panel, and also set forth the timeframes


and procedure to be followed in the event the parties are unable to
agree upon the one public member of such panel.

Legislative history:  In 2008, this bill was introduced as
A.108.15/S.7533. It passed the Senate, but went no further than the
Governmental Employees Committee in the Assembly.

Statement in support:  The time limits contained in CSL SS209.4(b),
(c)(ii) and ,5(a) have proven difficult and confusing for the parties
and Board. This bill would amend the time limits and procedures-to be
consistent with the Board's actual practices along with the needs and
obligations of the parties. The only statutory time limit that would
remain in the above-referenced subsections would be a twenty-day
period during which the parties would be required to complete their
roles in the designation of the neutral public member to the interest
arbitration panel. The bill would delegate to the Board the
responsibility to adopt procedures and other time limits in its rules.
During the rule-making process, public employers, employee
organizations and other parties will have an opportunity to comment on
the .Board's proposed time limits.

Budget implications:  None.

Effective Date:  The bill would take effect immediately; provided,
however, that the amendments to CSL S 209(4) and 209 (5), made by
sections one and two of the bill, will not affect the expiration of
such subdivisions and Will be deemed to expire therewith.