Bill Text: NY A05495 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Requires subsidiaries of certain transportation authorities and their employees to submit all unresolvable contract negotiations to binding arbitration.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced) 2024-02-02 - print number 5495a [A05495 Detail]

Download: New_York-2023-A05495-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5495

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 13, 2023
                                       ___________

        Introduced  by  M.  of A. PHEFFER AMATO -- 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 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, including  its  subsidiaries,
    18  the  Rochester-Genesee  regional  transportation  authority, the capital
    19  district transportation authority and  the  central  New  York  regional
    20  transportation   authority  (all  hereinafter  referred  to  as  upstate
    21  TA-public employer) and the public employee  organization  certified  or
    22  recognized  to represent the employees of such upstate TA-public employ-
    23  er, cannot be effected, or upon  the  joint  request  of  the  TA-public
    24  employer,  the  MTA-public  employer (hereinafter jointly referred to as
    25  public employer) or the upstate TA-public employer and any such affected

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10120-01-3
        A. 5495                             2

     1  employee organization, such board shall refer the dispute  to  a  public
     2  arbitration  panel,  consisting  of  one  member appointed by the public
     3  employer, one member appointed by  the  employee  organization  and  one
     4  public  member  appointed  jointly  by  the public employer and employee
     5  organization who shall be selected within ten days after receipt by  the
     6  board  of  a  petition  for creation of the arbitration panel. If either
     7  party fails to designate its member to the public arbitration panel, the
     8  board shall promptly, upon receipt of a request by either party,  desig-
     9  nate a member associated in interest with the public employer or employ-
    10  ee organization he is to represent. Each of the respective parties is to
    11  bear  the  cost of its member appointed or designated to the arbitration
    12  panel and each of the respective parties is to share equally the cost of
    13  the public member. If, within seven days after  the  mailing  date,  the
    14  parties  are unable to agree upon the one public member, the board shall
    15  submit to the parties a list of qualified, disinterested persons for the
    16  selection of the public member. Each party shall alternately strike from
    17  the list one of the names with the order of striking determined by  lot,
    18  until  the  remaining  one  person shall be designated as public member.
    19  This process shall be completed within five  days  of  receipt  of  this
    20  list.  The  parties  shall  notify  the  board  of the designated public
    21  member. The public 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.