Bill Text: NY S05737 | 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: Slight Partisan Bill (Republican 2-1)
Status: (Vetoed) 2019-12-13 - VETOED MEMO.227 [S05737 Detail]
Download: New_York-2019-S05737-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5737 2019-2020 Regular Sessions IN SENATE May 14, 2019 ___________ Introduced by Sens. KENNEDY, 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07047-01-9S. 5737 2 1 upstate TA-public employer and any such affected employee organization, 2 such board shall refer the dispute to a public arbitration panel, 3 consisting of one member appointed by the public employer, one member 4 appointed by the employee organization and one public member appointed 5 jointly by the public employer and employee organization who shall be 6 selected within ten days after receipt by the board of a petition for 7 creation of the arbitration panel. If either party fails to designate 8 its member to the public arbitration panel, the board shall promptly, 9 upon receipt of a request by either party, designate a member associated 10 in interest with the public employer or employee organization he is to 11 represent. Each of the respective parties is to bear the cost of its 12 member appointed or designated to the arbitration panel and each of the 13 respective parties is to share equally the cost of the public member. 14 If, within seven days after the mailing date, the parties are unable to 15 agree upon the one public member, the board shall submit to the parties 16 a list of qualified, disinterested persons for the selection of the 17 public member. Each party shall alternately strike from the list one of 18 the names with the order of striking determined by lot, until the 19 remaining one person shall be designated as public member. This process 20 shall be completed within five days of receipt of this list. The parties 21 shall notify the board of the designated public member. The public 22 member shall be chosen as chairman. 23 § 2. This act shall take effect immediately; provided, however, that 24 the amendments to paragraph (a) of subdivision 5 of section 209 of the 25 civil service law made by section one of this act shall not affect the 26 expiration of such subdivision and shall be deemed to expire therewith.
