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A07485 Summary:

A07485 Actions:

A07485 Committee Votes:

A07485 Floor Votes:

A07485 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7485
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 13, 2015
                                       ___________
 
        Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. GOLDFED-
          ER  -- read once and referred to the Committee on Governmental Employ-
          ees
 
        AN ACT to amend the civil service law,  in  relation  to  providing  for
          binding  arbitration  in  negotiations  involving  all  members of the
          collective negotiating units designated as security services or  secu-
          rity supervisors
 
          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 officers or members of any organized fire
    14  department, or any unit of the public employer which  previously  was  a
    15  part  of an organized fire department whose primary mission includes the
    16  prevention and control of aircraft fires, police force or police depart-
    17  ment of any county, city, town, village or fire or police  district,  or
    18  detective-investigators, or rackets investigators employed in the office
    19  of  a  district attorney of a county, or in regard to any organized unit
    20  of troopers, commissioned or noncommissioned officers of the division of
    21  state police, or in regard to investigators,  senior  investigators  and
    22  investigator  specialists  of the division of state police, or in regard
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10814-01-5
        A. 7485                             2
 
     1  to members  of  collective  negotiating  units  designated  as  security
     2  services  and  security  supervisors  [who  are police officers, who are
     3  forest ranger captains or who are employed by the  state  department  of
     4  corrections  and community supervision and are designated as peace offi-
     5  cers pursuant to subdivision twenty-five of section 2.10 of the criminal
     6  procedure law], or in regard to members of  the  collective  negotiating
     7  unit  designated  as  the  agency  law enforcement services unit who are
     8  police officers pursuant to subdivision thirty-four of section  1.20  of
     9  the  criminal  procedure  law or who are forest rangers, or in regard to
    10  organized units of deputy sheriffs who are engaged directly in  criminal
    11  law  enforcement activities that aggregate more than fifty per centum of
    12  their service as certified by the county sheriff and are police officers
    13  pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
    14  procedure  law  as certified by the municipal police training council or
    15  Suffolk county correction officers or Suffolk  county  park  police,  as
    16  provided in subdivision four of this section.
    17    §  2.  The  opening  paragraph  of subdivision 4 of section 209 of the
    18  civil service law, as amended by section 64 of the subpart B of  part  C
    19  of chapter 62 of the laws of 2011, is amended to read as follows:
    20    On  request  of  either  party  or upon its own motion, as provided in
    21  subdivision two of this section, and in the event the  board  determines
    22  that  an impasse exists in collective negotiations between such employee
    23  organization and a public employer as to the conditions of employment of
    24  officers or members of any organized fire department, or any other  unit
    25  of  the public employer which previously was a part of an organized fire
    26  department whose primary mission includes the prevention and control  of
    27  aircraft  fires,  police force or police department of any county, city,
    28  town, village or fire or police district,  and  detective-investigators,
    29  criminal  investigators  or rackets investigators employed in the office
    30  of a district attorney, or as to the conditions of employment of members
    31  of any organized unit of troopers, commissioned or noncommissioned offi-
    32  cers of the division of state police or as to the conditions of  employ-
    33  ment  of members of any organized unit of investigators, senior investi-
    34  gators and investigator specialists of the division of state police,  or
    35  as  to  the  terms and conditions of employment of members of collective
    36  negotiating units designated as security services and security  supervi-
    37  sors,  [who  are  police officers, who are forest ranger captains or who
    38  are employed by the state department of corrections and community super-
    39  vision and are designated as  peace  officers  pursuant  to  subdivision
    40  twenty-five of section 2.10 of the criminal procedure law,] or in regard
    41  to  members  of the collective negotiating unit designated as the agency
    42  law enforcement services unit who are police officers pursuant to subdi-
    43  vision thirty-four of section 1.20 of the criminal procedure law or  who
    44  are  forest rangers, or as to the conditions of employment of any organ-
    45  ized unit of deputy sheriffs who are engaged directly  in  criminal  law
    46  enforcement  activities  that  aggregate  more  than fifty per centum of
    47  their service as certified by the county sheriff and are police officers
    48  pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
    49  procedure  law  as certified by the municipal police training council or
    50  Suffolk county correction officers or Suffolk county  park  police,  the
    51  board shall render assistance as follows:
    52    §  3.  Paragraph  (f)  of  subdivision  4  of section 209 of the civil
    53  service law, as amended by section 64 of subpart B of part C of  chapter
    54  62 of the laws of 2011, is amended to read as follows:
    55    (f)  With regard to any members of collective negotiating units desig-
    56  nated as security services or  security  supervisors,  [who  are  police
        A. 7485                             3

     1  officers,  who  are  forest  ranger  captains or who are employed by the
     2  state department of corrections and community supervision and are desig-
     3  nated as peace officers pursuant to subdivision twenty-five  of  section
     4  2.10  of  the  criminal  procedure  law,] or in regard to members of the
     5  collective negotiating unit designated as  the  agency  law  enforcement
     6  services  unit  who  are police officers pursuant to subdivision thirty-
     7  four of section 1.20 of the criminal procedure law  or  who  are  forest
     8  rangers, or in regard to detective-investigators, criminal investigators
     9  or  rackets  investigators employed in the office of a district attorney
    10  of a county contained within a city with a population of one million  or
    11  more,  the  provisions  of this section shall only apply to the terms of
    12  collective bargaining  agreements  directly  relating  to  compensation,
    13  including,  but  not  limited to, salary, stipends, location pay, insur-
    14  ance, medical and hospitalization benefits; and shall not apply to  non-
    15  compensatory  issues including, but not limited to, job security, disci-
    16  plinary procedures and actions,  deployment  or  scheduling,  or  issues
    17  relating  to  eligibility  for  overtime  compensation  which  shall  be
    18  governed by other provisions proscribed by law.
    19    § 4. This act shall take effect immediately; provided,  however,  that
    20  the  amendments  to  subdivisions  2  and  4 of section 209 of the civil
    21  service law made by sections one, two and three of  this  act  shall  be
    22  subject  to the expiration and reversion of such subdivision pursuant to
    23  paragraph (d) of subdivision 4 of such section and shall  be  deemed  to
    24  expire therewith.