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A06175 Summary:

A06175 Actions:

A06175 Committee Votes:

A06175 Floor Votes:

A06175 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6175
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2015
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to  amend the civil service law, in relation to mandatory arbi-
          tration
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Paragraph (a) of subdivision 5 of section 209 of the civil
     2  service law, as added by chapter 929 of the laws of 1986, is amended  to
     3  read as follows:
     4    (a)  In the event that the board certifies that a voluntary resolution
     5  of the contract negotiations between either (i) the New York city trans-
     6  it authority (hereinafter referred to as  TA-public  employer)  and  the
     7  public  employee  organization  certified or recognized to represent the
     8  majority of employees of such TA-public employer, or (ii) the  metropol-
     9  itan  transportation authority, including its subsidiaries, the New York
    10  city transit authority, including its  subsidiary,  and  the  Triborough
    11  bridge  and  tunnel authority (all hereinafter referred to as MTA-public
    12  employer) and a public employee organization certified or recognized  to
    13  represent  employees  of  such  MTA-public  employer  not subject to the
    14  jurisdiction of the Federal Railway Labor Act and  not  subject  to  the
    15  provisions  of  subparagraph  (i)  [hereof] of this paragraph, which has
    16  made an election pursuant to paragraph (f) of this subdivision, or (iii)
    17  the New York state power authority and the public employee  organization
    18  certified or recognized to represent the employees of such power author-
    19  ity,  cannot  be  effected,  or  upon the joint request of the TA-public
    20  employer [or], the MTA-public employer (hereinafter jointly referred  to
    21  as  public employer) or the power authority-public employer and any such
    22  affected employee organization, such board shall refer the dispute to  a
    23  public  arbitration  panel,  consisting  of  one member appointed by the
    24  public employer, one member appointed by the employee  organization  and
    25  one  public member appointed jointly by the public employer and employee
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05405-01-5
        A. 6175                             2
 
     1  organization who shall be selected within ten days after receipt by  the
     2  board  of  a  petition  for creation of the arbitration panel. If either
     3  party fails to designate its member to the public arbitration panel, the
     4  board  shall promptly, upon receipt of a request by either party, desig-
     5  nate a member associated in interest with the public employer or employ-
     6  ee organization he is to represent. Each of the respective parties is to
     7  bear the cost of its member appointed or designated to  the  arbitration
     8  panel and each of the respective parties is to share equally the cost of
     9  the  public  member.  If,  within seven days after the mailing date, the
    10  parties are unable to agree upon the one public member, the board  shall
    11  submit to the parties a list of qualified, disinterested persons for the
    12  selection  of  the  public member.   Each party shall alternately strike
    13  from the list one of the names with the order of striking determined  by
    14  lot,  until  the  remaining  one  person  shall  be designated as public
    15  member. This process shall be completed within five days of  receipt  of
    16  this  list.  The parties shall notify the board of the designated public
    17  member. The public member shall be chosen as chairman.
    18    § 2. This act shall take effect immediately; provided,  however,  that
    19  the  amendments made to paragraph (a) of subdivision 5 of section 209 of
    20  the civil service law by section one of this act shall  not  affect  the
    21  expiration of such subdivision and shall be deemed to expire therewith.