Bill Text: NY S06304 | 2013-2014 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-28 - REPORTED AND COMMITTED TO FINANCE [S06304 Detail]

Download: New_York-2013-S06304-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6304
                                   I N  S E N A T E
                                   January 10, 2014
                                      ___________
       Introduced  by  Sen. MAZIARZ -- 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  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.
                                                                  LBD13326-01-3
       S. 6304                             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    S  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.