Bill Text: NY S01165 | 2019-2020 | General Assembly | Introduced


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 (Republican 3-0)

Status: (Introduced - Dead) 2019-05-13 - RECOMMIT, ENACTING CLAUSE STRICKEN [S01165 Detail]

Download: New_York-2019-S01165-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1165
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 11, 2019
                                       ___________
        Introduced  by  Sen.  FUNKE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Civil Service and Pensions
        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

        S. 1165                             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.
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