Bill Text: NY A09870 | 2019-2020 | General Assembly | Introduced

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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 1-0)

Status: (Introduced - Dead) 2020-02-20 - referred to governmental employees [A09870 Detail]

Download: New_York-2019-A09870-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9870

                   IN ASSEMBLY

                                    February 20, 2020
                                       ___________

        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 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 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 New York state power authority and the public employee  organization
    18  certified or recognized to represent the employees of such power author-
    19  ity,  cannot  be  effected,  or  upon the joint request of the TA-public
    20  employer [or], the MTA-public employer (hereinafter jointly referred  to
    21  as  public employer) or the power authority-public employer and any such
    22  affected employee organization, such board shall refer the dispute to  a
    23  public  arbitration  panel,  consisting  of  one member appointed by the
    24  public employer, one member appointed by the employee  organization  and
    25  one  public member appointed jointly by the public employer and employee
    26  organization who shall be selected within ten days after receipt by  the
    27  board  of  a  petition  for creation of the arbitration panel. If either
    28  party fails to designate its member to the public arbitration panel, the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15034-01-0
        A. 9870                             2

     1  board shall promptly, upon receipt of a request by either party,  desig-
     2  nate a member associated in interest with the public employer or employ-
     3  ee organization he is to represent. Each of the respective parties is to
     4  bear  the  cost of its member appointed or designated to the arbitration
     5  panel and each of the respective parties is to share equally the cost of
     6  the public member. If, within seven days after  the  mailing  date,  the
     7  parties  are unable to agree upon the one public member, the board shall
     8  submit to the parties a list of qualified, disinterested persons for the
     9  selection of the public member.   Each party  shall  alternately  strike
    10  from  the list one of the names with the order of striking determined by
    11  lot, until the remaining  one  person  shall  be  designated  as  public
    12  member.  This  process shall be completed within five days of receipt of
    13  this list. The parties shall notify the board of the  designated  public
    14  member. The public member shall be chosen as chairman.
    15    §  2.  This act shall take effect immediately; provided, however, that
    16  the amendments made to paragraph (a) of subdivision 5 of section 209  of
    17  the  civil  service  law by section one of this act shall not affect the
    18  expiration of such subdivision and shall be deemed to expire therewith.