Bill Text: NY A08872 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to arbitration decisions and judicial review of orders of the public employment relations board in labor matters; provides that arbitration decisions must be made within thirty days; gives calendar preference to proceedings to enforce or review an order of the board in all courts; requires reviewing courts of such proceedings to submit decisions within thirty days of conclusion of proof therein.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-05-15 - held for consideration in governmental employees [A08872 Detail]

Download: New_York-2011-A08872-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8872
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 4, 2012
                                      ___________
       Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
         tee on Governmental Employees
       AN  ACT to amend the civil service law, in relation to arbitration deci-
         sions and judicial review of orders of the public employment relations
         board in labor matters
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. The opening paragraph of subparagraph (v) of paragraph (c)
    2  of subdivision 4 of section 209 of the civil service law, as amended  by
    3  chapter 216 of the laws of 1977, is amended to read as follows:
    4    the public arbitration panel shall make a just and reasonable determi-
    5  nation of the matters in dispute WITHIN THIRTY DAYS OF THE CONCLUSION OF
    6  ALL HEARINGS AND SUBMISSION OF ALL EVIDENCE.  In arriving at such deter-
    7  mination,  the  panel  shall  specify the basis for its findings, taking
    8  into consideration, in addition  to  any  other  relevant  factors,  the
    9  following:
   10    S  2.  The  opening  paragraph  of  paragraph  (d) of subdivision 5 of
   11  section 209 of the civil service law, as added by  chapter  929  of  the
   12  laws of 1986, is amended to read as follows:
   13    Such  panel  shall make a just and reasonable determination of matters
   14  in dispute WITHIN THIRTY DAYS OF THE  CONCLUSION  OF  ALL  HEARINGS  AND
   15  SUBMISSION  OF  ALL  EVIDENCE.    In arriving at such determination, the
   16  panel shall specify the basis for its findings,  taking  into  consider-
   17  ation, in addition to any other relevant factors, the following:
   18    S  3.  Section 213 of the civil service law is amended by adding a new
   19  subdivision (f) to read as follows:
   20    (F) A PROCEEDING TO ENFORCE OR REVIEW AN ORDER OF THE BOARD SHALL HAVE
   21  PREFERENCE OVER ALL OTHER CIVIL CAUSES IN ALL  COURTS,  EXCEPT  ELECTION
   22  CAUSES,  AND  SHALL  BE  HEARD AND DETERMINED IN PREFERENCE TO ALL OTHER
   23  CIVIL BUSINESS PENDING THEREIN, EXCEPT ELECTION MATTERS, IRRESPECTIVE OF
   24  POSITION ON THE CALENDAR. APPEALS TAKEN TO THE COURT OF APPEALS  OF  THE
   25  STATE OF NEW YORK SHALL BE SUBJECT TO THE SAME PREFERENCE. A DECISION IN
   26  SUCH  A  PROCEEDING  TO ENFORCE OR REVIEW AN ORDER OF THE BOARD SHALL BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13619-02-2
       A. 8872                             2
    1  RENDERED WITHIN THIRTY DAYS  AFTER  THE  CONCLUSION  OF  PROOF  THEREIN,
    2  UNLESS FOR GOOD CAUSE SHOWN, THE COURT HEARING SUCH A PROCEEDING EXTENDS
    3  THE TIME PERIOD FOR RENDERING THE DECISION. IN THE EVENT THE TIME PERIOD
    4  IS  EXTENDED, THE COURT SHALL SET FORTH THE FACTUAL BASIS FOR THE EXTEN-
    5  SION.
    6    S 4. This act shall take effect immediately, provided that the  amend-
    7  ment  to  the  opening paragraph of subparagraph (v) of paragraph (c) of
    8  subdivision 4 of section 209 of the civil service law  made  by  section
    9  one  of this act and the amendment to the opening paragraph of paragraph
   10  (d) of subdivision 5 of section 209 of the civil  service  law  made  by
   11  section two of this act shall not affect the expiration of such subdivi-
   12  sions and shall be deemed to expire therewith.