Includes Niagara Frontier Transportation Authority and its police officers and aircraft rescue firefighters in the provisions of the civil service law providing for the resolution of impasses in collective bargaining negotiations by the public employment relations board.
STATE OF NEW YORK
________________________________________________________________________
4557
2013-2014 Regular Sessions
IN ASSEMBLY
February 6, 2013
___________
Introduced by M. of A. GABRYSZAK, CASTRO -- Multi-Sponsored by -- M. of
A. MARKEY -- read once and referred to the Committee on Governmental
Employees
AN ACT to amend the civil service law, in relation to resolution of
disputes which reach an impasse in the course of collective negoti-
ations between the Niagara Frontier transportation authority and its
police officers and aircraft rescue firefighters
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 209 of the civil service law, as
2 amended by section 64 of subpart B of part C of chapter 62 of the laws
3 of 2011, is amended to read as follows:
4 2. Public employers are hereby empowered to enter into written agree-
5 ments with recognized or certified employee organizations setting forth
6 procedures to be invoked in the event of disputes which reach an impasse
7 in the course of collective negotiations. Such agreements may include
8 the undertaking by each party to submit unresolved issues to impartial
9 arbitration. In the absence or upon the failure of such procedures,
10 public employers and employee organizations may request the board to
11 render assistance as provided in this section, or the board may render
12 such assistance on its own motion, as provided in subdivision three of
13 this section, or, in regard to aircraft rescue firefighters of the
14 Niagara Frontier transportation authority, officers or members of any
15 organized fire department, or any unit of the public employer which
16 previously was a part of an organized fire department whose primary
17 mission includes the prevention and control of aircraft fires, police
18 force or police department of any county, city, town, village or fire or
19 police district, or detective-investigators, or rackets investigators
20 employed in the office of a district attorney of a county, or in regard
21 to any organized unit of troopers, commissioned or noncommissioned offi-
22 cers of the division of state police, or in regard to investigators,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08510-01-3
A. 4557 2
1 senior investigators and investigator specialists of the division of
2 state police, or in regard to members of collective negotiating units
3 designated as security services and security supervisors who are police
4 officers, who are forest ranger captains or who are employed by the
5 state department of corrections and community supervision and are desig-
6 nated as peace officers pursuant to subdivision twenty-five of section
7 2.10 of the criminal procedure law, or in regard to members of the
8 collective negotiating unit designated as the agency law enforcement
9 services unit who are police officers pursuant to subdivision thirty-
10 four of section 1.20 of the criminal procedure law or who are forest
11 rangers, or in regard to organized units of deputy sheriffs who are
12 engaged directly in criminal law enforcement activities that aggregate
13 more than fifty per centum of their service as certified by the county
14 sheriff and are police officers pursuant to subdivision thirty-four of
15 section 1.20 of the criminal procedure law as certified by the municipal
16 police training council or Suffolk county correction officers or Suffolk
17 county park police, or in regard to officers or members of an organized
18 police force of the Niagara Frontier transportation authority, as
19 provided in subdivision four of this section.
20 § 2. Subdivision 2 of section 209 of the civil service law, as amended
21 by section 2 of chapter 234 of the laws of 2008, is amended to read as
22 follows:
23 2. Public employers are hereby empowered to enter into written agree-
24 ments with recognized or certified employee organizations setting forth
25 procedures to be invoked in the event of disputes which reach an impasse
26 in the course of collective negotiations. Such agreements may include
27 the undertaking by each party to submit unresolved issues to impartial
28 arbitration. In the absence or upon the failure of such procedures,
29 public employers and employee organizations may request the board to
30 render assistance as provided in this section, or the board may render
31 such assistance on its own motion, as provided in subdivision three of
32 this section, or, in regard to aircraft rescue firefighters of the
33 Niagara Frontier transportation authority, officers or members of any
34 organized fire department, or any unit of the public employer which
35 previously was a part of an organized fire department whose primary
36 mission includes the prevention and control of aircraft fires, police
37 force or police department of any county, city, except the city of New
38 York, town, village or fire or police district, or in regard to organ-
39 ized units of deputy sheriffs who are engaged directly in criminal law
40 enforcement activities that aggregate more than fifty per centum of
41 their service as certified by the county sheriff and are police officers
42 pursuant to subdivision thirty-four of section 1.20 of the criminal
43 procedure law as certified by the municipal police training council or
44 Suffolk county correction officers or Suffolk county park police, or in
45 regard to officers or members of an organized police force of the
46 Niagara Frontier transportation authority, as provided in subdivision
47 four of this section.
48 § 3. The opening paragraph of subdivision 4 of section 209 of the
49 civil service law, as amended by section 64 of subpart B of part C of
50 chapter 62 of the laws of 2011, is amended to read as follows:
51 On request of either party or upon its own motion, as provided in
52 subdivision two of this section, and in the event the board determines
53 that an impasse exists in collective negotiations between such employee
54 organization and a public employer as to the conditions of employment of
55 aircraft rescue firefighters of the Niagara Frontier transportation
56 authority, officers or members of any organized fire department, or any
A. 4557 3
1 other unit of the public employer which previously was a part of an
2 organized fire department whose primary mission includes the prevention
3 and control of aircraft fires, police force or police department of any
4 county, city, town, village or fire or police district, and detective-
5 investigators, criminal investigators or rackets investigators employed
6 in the office of a district attorney, or as to the conditions of employ-
7 ment of members of any organized unit of troopers, commissioned or
8 noncommissioned officers of the division of state police or as to the
9 conditions of employment of members of any organized unit of investi-
10 gators, senior investigators and investigator specialists of the divi-
11 sion of state police, or as to the terms and conditions of employment of
12 members of collective negotiating units designated as security services
13 and security supervisors, who are police officers, who are forest ranger
14 captains or who are employed by the state department of corrections and
15 community supervision and are designated as peace officers pursuant to
16 subdivision twenty-five of section 2.10 of the criminal procedure law,
17 or in regard to members of the collective negotiating unit designated as
18 the agency law enforcement services unit who are police officers pursu-
19 ant to subdivision thirty-four of section 1.20 of the criminal procedure
20 law or who are forest rangers, or as to the conditions of employment of
21 any organized unit of deputy sheriffs who are engaged directly in crimi-
22 nal law enforcement activities that aggregate more than fifty per centum
23 of their service as certified by the county sheriff and are police offi-
24 cers pursuant to subdivision thirty-four of section 1.20 of the criminal
25 procedure law as certified by the municipal police training council or
26 Suffolk county correction officers or Suffolk county park police, or in
27 regard to officers or members of an organized police force of the
28 Niagara Frontier transportation authority, the board shall render
29 assistance as follows:
30 § 4. Subdivision 4 of section 209 of the civil service law is amended
31 by adding a new paragraph (j) to read as follows:
32 (j) With regard to aircraft rescue firefighters of the Niagara Fron-
33 tier transportation authority or officers or members of an organized
34 police force of the Niagara Frontier transportation authority, the
35 provisions of this section shall only apply to the terms of collective
36 bargaining agreements directly relating to compensation, including but
37 not limited to, salary, stipends, location pay, insurance, medical and
38 hospitalization benefits; and shall not apply to non-compensation issues
39 including, but not limited to, job security, disciplinary procedures and
40 actions, deployment or scheduling, or issues relating to eligibility for
41 overtime compensation, which shall be governed by other provisions
42 prescribed by law.
43 § 5. This act shall take effect immediately, provided, however, that
44 the amendments to subdivision 2 of section 209 of the civil service law
45 made by section one of this act shall be subject to the expiration and
46 reversion of such subdivision pursuant to paragraph (d) of subdivision 4
47 of such section, when upon such date the provisions of section two of
48 this act shall take effect; and provided further that the amendments to
49 subdivision 4 of section 209 of the civil service law, made by sections
50 three and four of this act, shall not affect the expiration of such
51 subdivision pursuant to paragraph (d) of such subdivision and shall be
52 deemed to expire therewith.
