Bill Text: NY S08420 | 2023-2024 | General Assembly | Introduced
Bill Title: Authorizes certain school districts in Nassau county to enter into binding arbitration.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-29 - REFERRED TO CIVIL SERVICE AND PENSIONS [S08420 Detail]
Download: New_York-2023-S08420-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8420 IN SENATE January 29, 2024 ___________ Introduced by Sen. RAMOS -- 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 extending binding arbitration provisions to certain school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 209 of the civil service law, as 2 amended by section 64 of subpart B of part C of chapter 62 of the laws 3 of 2011, is amended to read as follows: 4 2. Public employers are hereby empowered to enter into written agree- 5 ments with recognized or certified employee organizations setting forth 6 procedures to be invoked in the event of disputes which reach an impasse 7 in the course of collective negotiations. Such agreements may include 8 the undertaking by each party to submit unresolved issues to impartial 9 arbitration. In the absence or upon the failure of such procedures, 10 public employers and employee organizations may request the board to 11 render assistance as provided in this section, or the board may render 12 such assistance on its own motion, as provided in subdivision three of 13 this section, or, in regard to officers or members of any organized fire 14 department, or any unit of the public employer which previously was a 15 part of an organized fire department whose primary mission includes the 16 prevention and control of aircraft fires, police force or police depart- 17 ment of any county, city, town, village or fire or police district, or 18 detective-investigators, or rackets investigators employed in the office 19 of a district attorney of a county, or in regard to any organized unit 20 of troopers, commissioned or noncommissioned officers of the division of 21 state police, or in regard to investigators, senior investigators and 22 investigator specialists of the division of state police, or in regard 23 to members of collective negotiating units designated as security 24 services and security supervisors who are police officers, who are 25 forest ranger captains or who are employed by the state department of 26 corrections and community supervision and are designated as peace offi- 27 cers pursuant to subdivision twenty-five of section 2.10 of the criminal 28 procedure law, or in regard to members of the collective negotiating EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14116-01-4S. 8420 2 1 unit designated as the agency law enforcement services unit who are 2 police officers pursuant to subdivision thirty-four of section 1.20 of 3 the criminal procedure law or who are forest rangers, or in regard to 4 organized units of deputy sheriffs who are engaged directly in criminal 5 law enforcement activities that aggregate more than fifty per centum of 6 their service as certified by the county sheriff and are police officers 7 pursuant to subdivision thirty-four of section 1.20 of the criminal 8 procedure law as certified by the municipal police training council or 9 Suffolk county correction officers or Suffolk county park police, or in 10 regard to a bargaining unit in any school district in Nassau county with 11 an agreement that has been expired for at least ten years, as provided 12 in subdivision four of this section. 13 § 2. Subdivision 2 of section 209 of the civil service law, as amended 14 by chapter 234 of the laws of 2008, is amended to read as follows: 15 2. Public employers are hereby empowered to enter into written agree- 16 ments with recognized or certified employee organizations setting forth 17 procedures to be invoked in the event of disputes which reach an impasse 18 in the course of collective negotiations. Such agreements may include 19 the undertaking by each party to submit unresolved issues to impartial 20 arbitration. In the absence or upon the failure of such procedures, 21 public employers and employee organizations may request the board to 22 render assistance as provided in this section, or the board may render 23 such assistance on its own motion, as provided in subdivision three of 24 this section, or, in regard to officers or members of any organized fire 25 department, or any unit of the public employer which previously was a 26 part of an organized fire department whose primary mission includes the 27 prevention and control of aircraft fires, police force or police depart- 28 ment of any county, city, except the city of New York, town, village or 29 fire or police district, or in regard to organized units of deputy sher- 30 iffs who are engaged directly in criminal law enforcement activities 31 that aggregate more than fifty per centum of their service as certified 32 by the county sheriff and are police officers pursuant to subdivision 33 thirty-four of section 1.20 of the criminal procedure law as certified 34 by the municipal police training council or Suffolk county correction 35 officers or Suffolk county park police, or in regard to a bargaining 36 unit in any school district in Nassau county with an agreement that has 37 been expired for at least ten years, as provided in subdivision four of 38 this section. 39 § 3. Paragraph (f) of subdivision 3 of section 209 of the civil 40 service law, as amended by chapter 216 of the laws of 1977, is amended 41 to read as follows: 42 (f) where the public employer is a school district, except for any 43 school district subject to the provisions of subdivision two of this 44 section, a board of cooperative educational services, a community 45 college, the state university of New York, or the city university of New 46 York, the provisions of subparagraphs (iii) and (iv) of paragraph (e) of 47 this subdivision shall not apply, and (i) the board may afford the 48 parties an opportunity to explain their positions with respect to the 49 report of the fact-finding board at a meeting at which the legislative 50 body, or a duly authorized committee thereof, may be present; (ii) ther- 51 eafter, the legislative body may take such action as is necessary and 52 appropriate to reach an agreement. The board may provide such assistance 53 as may be appropriate. 54 § 4. The opening paragraph of subdivision 4 of section 209 of the 55 civil service law, as amended by section 64 of subpart B of part C of 56 chapter 62 of the laws of 2011, is amended to read as follows:S. 8420 3 1 On request of either party or upon its own motion, as provided in 2 subdivision two of this section, and in the event the board determines 3 that an impasse exists in collective negotiations between such employee 4 organization and a public employer as to the conditions of employment of 5 officers or members of any organized fire department, or any other unit 6 of the public employer which previously was a part of an organized fire 7 department whose primary mission includes the prevention and control of 8 aircraft fires, police force or police department of any county, city, 9 town, village or fire or police district, and detective-investigators, 10 criminal investigators or rackets investigators employed in the office 11 of a district attorney, or as to the conditions of employment of members 12 of any organized unit of troopers, commissioned or noncommissioned offi- 13 cers of the division of state police or as to the conditions of employ- 14 ment of members of any organized unit of investigators, senior investi- 15 gators and investigator specialists of the division of state police, or 16 as to the terms and conditions of employment of members of collective 17 negotiating units designated as security services and security supervi- 18 sors, who are police officers, who are forest ranger captains or who are 19 employed by the state department of corrections and community super- 20 vision and are designated as peace officers pursuant to subdivision 21 twenty-five of section 2.10 of the criminal procedure law, or in regard 22 to members of the collective negotiating unit designated as the agency 23 law enforcement services unit who are police officers pursuant to subdi- 24 vision thirty-four of section 1.20 of the criminal procedure law or who 25 are forest rangers, or as to the conditions of employment of any organ- 26 ized unit of deputy sheriffs who are engaged directly in criminal law 27 enforcement activities that aggregate more than fifty per centum of 28 their service as certified by the county sheriff and are police officers 29 pursuant to subdivision thirty-four of section 1.20 of the criminal 30 procedure law as certified by the municipal police training council or 31 Suffolk county correction officers or Suffolk county park police, or a 32 bargaining unit in any school district in Nassau county with an agree- 33 ment that has been expired for at least ten years, the board shall 34 render assistance as follows: 35 § 5. Subdivision 4 of section 209 of the civil service law is amended 36 by adding a new paragraph (j) to read as follows: 37 (j) With regard to a school district in Nassau county with an agree- 38 ment that has been expired for at least ten years, notwithstanding 39 subparagraph (vi) of paragraph (c) of this subdivision, the arbitration 40 panel shall have no restriction in issuing an award for the term of an 41 agreement regarding both retroactive and prospective years under such 42 award. 43 § 6. This act shall take effect immediately; provided, however, that 44 the amendments to subdivision 2 of section 209 of the civil service law 45 made by section one of this act shall be subject to the expiration and 46 reversion of such subdivision when upon such date the provisions of 47 section two of this act shall take effect; and provided further, however 48 that the amendments to subdivision 4 of section 209 of the civil service 49 law made by sections four and five of this act shall be subject to the 50 expiration of such subdivision and shall be deemed to expire therewith.
