Bill Text: NY A03762 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the New York state power authority and its employees to submit all unresolvable contract negotiations to binding arbitration.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-01-03 - referred to governmental employees [A03762 Detail]
Download: New_York-2023-A03762-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3762 2023-2024 Regular Sessions IN ASSEMBLY February 7, 2023 ___________ Introduced by M. of A. PHEFFER AMATO, COLTON -- 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 amended by chapter 814 of the laws of 2021, is amended 3 to 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) of this paragraph, which has made an 16 election pursuant to paragraph (f) of this subdivision, or (iii) the 17 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, or (iv) the New York state 23 power authority and the public employee organization certified or recog- 24 nized to represent the employees of such power authority, cannot be 25 effected, or upon the joint request of the TA-public employer, the MTA- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07845-01-3A. 3762 2 1 public employer (hereinafter jointly referred to as public employer) 2 [or], the upstate TA-public employer or the power authority-public 3 employer and any such affected employee organization, such board shall 4 refer the dispute to a public arbitration panel, consisting of one 5 member appointed by the public employer, one member appointed by the 6 employee organization and one public member appointed jointly by the 7 public employer and employee organization who shall be selected within 8 ten days after receipt by the board of a petition for creation of the 9 arbitration panel. If either party fails to designate its member to the 10 public arbitration panel, the board shall promptly, upon receipt of a 11 request by either party, designate a member associated in interest with 12 the public employer or employee organization he is to represent. Each of 13 the respective parties is to bear the cost of its member appointed or 14 designated to the arbitration panel and each of the respective parties 15 is to share equally the cost of the public member. If, within seven days 16 after the mailing date, the parties are unable to agree upon the one 17 public member, the board shall submit to the parties a list of quali- 18 fied, disinterested persons for the selection of the public member. Each 19 party shall alternately strike from the list one of the names with the 20 order of striking determined by lot, until the remaining one person 21 shall be designated as public member. This process shall be completed 22 within five days of receipt of this list. The parties shall notify the 23 board of the designated public member. The public member shall be chosen 24 as chairman. 25 § 2. This act shall take effect immediately; provided, however, that 26 the amendments made to paragraph (a) of subdivision 5 of section 209 of 27 the civil service law by section one of this act shall not affect the 28 expiration of such subdivision and shall be deemed to expire therewith.
