Bill Text: NY A05342 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires the Niagara Frontier Transportation Authority, the Rochester-Genesee Regional Transportation Authority, the Capital District Transportation Authority and the Central New York Regional Transportation Authority and their employees to submit all unresolvable contract negotiations to binding arbitration.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Vetoed) 2019-12-13 - VETOED MEMO.227 [A05342 Detail]

Download: New_York-2019-A05342-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5342
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2019
                                       ___________
        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 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
    25  upstate TA-public employer and any such affected employee  organization,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07047-01-9
        A. 5342                             2
     1  such  board  shall  refer  the  dispute  to  a public arbitration panel,
     2  consisting of one member appointed by the public  employer,  one  member
     3  appointed  by  the employee organization and one public member appointed
     4  jointly  by  the  public employer and employee organization who shall be
     5  selected within ten days after receipt by the board of  a  petition  for
     6  creation  of  the  arbitration panel. If either party fails to designate
     7  its member to the public arbitration panel, the  board  shall  promptly,
     8  upon receipt of a request by either party, designate a member associated
     9  in  interest  with the public employer or employee organization he is to
    10  represent. Each of the respective parties is to bear  the  cost  of  its
    11  member  appointed or designated to the arbitration panel and each of the
    12  respective parties is to share equally the cost of  the  public  member.
    13  If,  within seven days after the mailing date, the parties are unable to
    14  agree upon the one public member, the board shall submit to the  parties
    15  a  list  of  qualified,  disinterested  persons for the selection of the
    16  public member.  Each party shall alternately strike from the list one of
    17  the names with the order  of  striking  determined  by  lot,  until  the
    18  remaining  one person shall be designated as public member. This process
    19  shall be completed within five days of receipt of this list. The parties
    20  shall notify the board of  the  designated  public  member.  The  public
    21  member shall be chosen as chairman.
    22    §  2.  This act shall take effect immediately; provided, however, that
    23  the amendments to paragraph (a) of subdivision 5 of section 209  of  the
    24  civil  service  law made by section one of this act shall not affect the
    25  expiration of such subdivision and shall be deemed to expire therewith.