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S05737 Summary:

S05737 Actions:

S05737 Committee Votes:

S05737 Floor Votes:

S05737 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5737
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      May 14, 2019
                                       ___________
 
        Introduced  by  Sens.  KENNEDY, FUNKE -- read twice and ordered printed,
          and when printed to be committed to the Committee on Civil Service and
          Pensions
 
        AN ACT to amend the civil service law,  in  relation  to  resolution  of
          disputes in the course of collective negotiations

          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  Niagara  Frontier  transportation  authority, the Rochester-Genesee
    18  regional transportation authority, the capital  district  transportation
    19  authority  and  the  central  New York regional transportation authority
    20  (all hereinafter referred to as  upstate  TA-public  employer)  and  the
    21  public  employee  organization  certified or recognized to represent the
    22  employees of such upstate TA-public employer,  cannot  be  effected,  or
    23  upon  the  joint  request of the TA-public employer [or], the MTA-public
    24  employer (hereinafter jointly referred to as  public  employer)  or  the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07047-01-9
        S. 5737                             2
 
     1  upstate  TA-public employer and any such affected employee organization,
     2  such board shall refer  the  dispute  to  a  public  arbitration  panel,
     3  consisting  of  one  member appointed by the public employer, one member
     4  appointed  by  the employee organization and one public member appointed
     5  jointly by the public employer and employee organization  who  shall  be
     6  selected  within  ten  days after receipt by the board of a petition for
     7  creation of the arbitration panel. If either party  fails  to  designate
     8  its  member  to  the public arbitration panel, the board shall promptly,
     9  upon receipt of a request by either party, designate a member associated
    10  in interest with the public employer or employee organization he  is  to
    11  represent.  Each  of  the  respective parties is to bear the cost of its
    12  member appointed or designated to the arbitration panel and each of  the
    13  respective  parties  is  to share equally the cost of the public member.
    14  If, within seven days after the mailing date, the parties are unable  to
    15  agree  upon the one public member, the board shall submit to the parties
    16  a list of qualified, disinterested persons  for  the  selection  of  the
    17  public member.  Each party shall alternately strike from the list one of
    18  the  names  with  the  order  of  striking  determined by lot, until the
    19  remaining one person shall be designated as public member. This  process
    20  shall be completed within five days of receipt of this list. The parties
    21  shall  notify  the  board  of  the  designated public member. The public
    22  member shall be chosen as chairman.
    23    § 2. This act shall take effect immediately; provided,  however,  that
    24  the  amendments  to paragraph (a) of subdivision 5 of section 209 of the
    25  civil service law made by section one of this act shall not  affect  the
    26  expiration of such subdivision and shall be deemed to expire therewith.