A09077 Summary:

BILL NO    A09077 

SAME AS    
SAME AS S06624

SPONSOR    Abbate

COSPNSR    Goldfeder

MLTSPNSR   


Amd 209, Civ Serv L


Prohibits public employer and employee organization appointees from
testifying
before the public arbitration panel they are appointed to.
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A09077 Actions:

BILL NO    A09077 

01/25/2016 referred to governmental employees
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A09077 Votes:

There are no votes for this bill in this legislative session.
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A09077 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9077
 
SPONSOR: Abbate (MS)
  TITLE OF BILL: An act to amend the civil service law, in relation to prohibiting public employer and employee organization appointees from testifying before the public arbitration panel they are appointed to   PURPOSE OR GENERAL IDEA: To prohibit public employer and employee organization appointees from testifying before the public arbitration panel they are appointed to.   SUMMARY OF PROVISIONS: This legislation amends the civil service law, to prohibit public employer and employee organization appointees from testifying before the public arbitration panel they are appointed to.   JUSTIFICATION: This bill would maintain the impartiality during arbitration proceedings. Neither the public employee's appointment or managements' appointment to the hearing panel shall participate in testifying during an arbitration hearing. Instead it shall be an independent appointment from each group to maintain such impartiality.   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A09077 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9077
 
                   IN ASSEMBLY
 
                                    January 25, 2016
                                       ___________
 
        Introduced  by  M.  of A. ABBATE, GOLDFEDER -- read once and referred to
          the Committee on Governmental Employees
 
        AN ACT to amend the civil service law, in relation to prohibiting public
          employer and employee organization appointees from  testifying  before
          the public arbitration panel they are appointed to
 
          The  People of the State of New York, represented in Senate and Assem-

        bly, do enact as follows:
 
     1    Section 1. Subparagraph (iii) of paragraph (c)  of  subdivision  4  of
     2  section  209  of the civil service law, as amended by chapter 442 of the
     3  laws of 1995, is amended to read as follows:
     4    (iii) the public arbitration panel shall hold hearings on all  matters
     5  related  to  the  dispute. The parties may be heard either in person, by
     6  counsel, or by other representatives, as they  may  respectively  desig-
     7  nate. The panel may grant more than one adjournment each for each party;
     8  provided,  however, that a second request of either party and any subse-
     9  quent adjournments may be granted on request of either  party,  provided
    10  that the party which requests the adjournment shall pay the arbitrator's
    11  fee.  The  parties  may  present,  either orally or in writing, or both,
    12  statements of fact, supporting witnesses and other evidence,  and  argu-

    13  ment of their respective positions with respect to each case ; provided,
    14  however,  the  member  appointed  by  the public employer and the member
    15  appointed by the employee organization  shall  not  testify  before  the
    16  panel  he  or  she  is  appointed  to. The panel shall have authority to
    17  require the production of such additional evidence, either oral or writ-
    18  ten as it may desire from the parties and shall provide at  the  request
    19  of  either  party  that  a  full and complete record be kept of any such
    20  hearings, the cost of such record to be shared equally by the parties;
    21    § 2. This act shall take effect immediately; provided,  however,  that
    22  the  amendments  to subparagraph (iii) of paragraph (c) of subdivision 4
    23  of section 209 of the civil service law made by section one of this  act

    24  shall  not affect the expiration of such subdivision and shall be deemed
    25  to expire therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13245-01-5
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