Bill Text: NY A03546 | 2011-2012 | General Assembly | Introduced
Bill Title: Includes Niagara Frontier Transportation Authority and its police officers and aircraft rescue firefighters in the provisions of the civil service law providing for the resolution of impasses in collective bargaining negotiations by the public employment relations board.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2012-06-06 - ordered to third reading rules cal.47 [A03546 Detail]
Download: New_York-2011-A03546-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 3546 2011-2012 Regular Sessions I N A S S E M B L Y January 25, 2011 ___________ Introduced by M. of A. GABRYSZAK, CASTRO, SCHROEDER -- Multi-Sponsored by -- M. of A. MARKEY -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to resolution of disputes which reach an impasse in the course of collective negoti- ations between the Niagara Frontier transportation authority and its police officers and aircraft rescue firefighters 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 1 of chapter 234 of the laws of 2008, is amended to 3 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 AIRCRAFT RESCUE FIREFIGHTERS OF THE 14 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, officers or members of any 15 organized fire department, or any unit of the public employer which 16 previously was a part of an organized fire department whose primary 17 mission includes the prevention and control of aircraft fires, police 18 force or police department of any county, city, town, village or fire or 19 police district, or detective-investigators, or rackets investigators 20 employed in the office of a district attorney of a county, or in regard 21 to any organized unit of troopers, commissioned or noncommissioned offi- 22 cers of the division of state police, or in regard to investigators, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07828-01-1 A. 3546 2 1 senior investigators and investigator specialists of the division of 2 state police, or in regard to members of collective negotiating units 3 designated as security services and security supervisors who are police 4 officers, who are forest ranger captains or who are employed by the 5 state department of correctional services and are designated as peace 6 officers pursuant to subdivision twenty-five of section 2.10 of the 7 criminal procedure law, or in regard to members of the collective nego- 8 tiating unit designated as the agency law enforcement services unit who 9 are police officers pursuant to subdivision thirty-four of section 1.20 10 of the criminal procedure law or who are forest rangers, or in regard to 11 organized units of deputy sheriffs who are engaged directly in criminal 12 law enforcement activities that aggregate more than fifty per centum of 13 their service as certified by the county sheriff and are police officers 14 pursuant to subdivision thirty-four of section 1.20 of the criminal 15 procedure law as certified by the municipal police training council or 16 Suffolk county correction officers [or], Suffolk county park police, OR 17 IN REGARD TO OFFICERS OR MEMBERS OF AN ORGANIZED POLICE FORCE OF THE 18 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, as provided in subdivision 19 four of this section. 20 S 2. Subdivision 2 of section 209 of the civil service law, as amended 21 by section 2 of chapter 234 of the laws of 2008, is amended to read as 22 follows: 23 2. Public employers are hereby empowered to enter into written agree- 24 ments with recognized or certified employee organizations setting forth 25 procedures to be invoked in the event of disputes which reach an impasse 26 in the course of collective negotiations. Such agreements may include 27 the undertaking by each party to submit unresolved issues to impartial 28 arbitration. In the absence or upon the failure of such procedures, 29 public employers and employee organizations may request the board to 30 render assistance as provided in this section, or the board may render 31 such assistance on its own motion, as provided in subdivision three of 32 this section, or, in regard to AIRCRAFT RESCUE FIREFIGHTERS OF THE 33 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, officers or members of any 34 organized fire department, or any unit of the public employer which 35 previously was a part of an organized fire department whose primary 36 mission includes the prevention and control of aircraft fires, police 37 force or police department of any county, city, except the city of New 38 York, town, village or fire or police district, or in regard to organ- 39 ized units of deputy sheriffs who are engaged directly in criminal law 40 enforcement activities that aggregate more than fifty per centum of 41 their service as certified by the county sheriff and are police officers 42 pursuant to subdivision thirty-four of section 1.20 of the criminal 43 procedure law as certified by the municipal police training council or 44 Suffolk county correction officers or Suffolk county park police, OR IN 45 REGARD TO OFFICERS OR MEMBERS OF AN ORGANIZED POLICE FORCE OF THE 46 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, as provided in subdivision 47 four of this section. 48 S 3. The opening paragraph of subdivision 4 of section 209 of the 49 civil service law, as amended by chapter 234 of the laws of 2008, is 50 amended to read as follows: 51 On request of either party or upon its own motion, as provided in 52 subdivision two of this section, and in the event the board determines 53 that an impasse exists in collective negotiations between such employee 54 organization and a public employer as to the conditions of employment of 55 AIRCRAFT RESCUE FIREFIGHTERS OF THE NIAGARA FRONTIER TRANSPORTATION 56 AUTHORITY, officers or members of any organized fire department, or any A. 3546 3 1 other unit of the public employer which previously was a part of an 2 organized fire department whose primary mission includes the prevention 3 and control of aircraft fires, police force or police department of any 4 county, city, town, village or fire or police district, and detective- 5 investigators, criminal investigators or rackets investigators employed 6 in the office of a district attorney, or as to the conditions of employ- 7 ment of members of any organized unit of troopers, commissioned or 8 noncommissioned officers of the division of state police or as to the 9 conditions of employment of members of any organized unit of investi- 10 gators, senior investigators and investigator specialists of the divi- 11 sion of state police, or as to the terms and conditions of employment of 12 members of collective negotiating units designated as security services 13 and security supervisors, who are police officers, who are forest ranger 14 captains or who are employed by the state department of correctional 15 services and are designated as peace officers pursuant to subdivision 16 twenty-five of section 2.10 of the criminal procedure law, or in regard 17 to members of the collective negotiating unit designated as the agency 18 law enforcement services unit who are police officers pursuant to subdi- 19 vision thirty-four of section 1.20 of the criminal procedure law or who 20 are forest rangers, or as to the conditions of employment of any organ- 21 ized unit of deputy sheriffs who are engaged directly in criminal law 22 enforcement activities that aggregate more than fifty per centum of 23 their service as certified by the county sheriff and are police officers 24 pursuant to subdivision thirty-four of section 1.20 of the criminal 25 procedure law as certified by the municipal police training council or 26 Suffolk county correction officers or Suffolk county park police, OR IN 27 REGARD TO OFFICERS OR MEMBERS OF AN ORGANIZED POLICE FORCE OF THE 28 NIAGARA FRONTIER TRANSPORTATION AUTHORITY, the board shall render 29 assistance as follows: 30 S 4. Subdivision 4 of section 209 of the civil service law is amended 31 by adding a new paragraph (j) to read as follows: 32 (J) WITH REGARD TO AIRCRAFT RESCUE FIREFIGHTERS OF THE NIAGARA FRON- 33 TIER TRANSPORTATION AUTHORITY OR OFFICERS OR MEMBERS OF AN ORGANIZED 34 POLICE FORCE OF THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, THE 35 PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO THE TERMS OF COLLECTIVE 36 BARGAINING AGREEMENTS DIRECTLY RELATING TO COMPENSATION, INCLUDING BUT 37 NOT LIMITED TO, SALARY, STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND 38 HOSPITALIZATION BENEFITS; AND SHALL NOT APPLY TO NON-COMPENSATION ISSUES 39 INCLUDING, BUT NOT LIMITED TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND 40 ACTIONS, DEPLOYMENT OR SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR 41 OVERTIME COMPENSATION, WHICH SHALL BE GOVERNED BY OTHER PROVISIONS 42 PRESCRIBED BY LAW. 43 S 5. 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 pursuant to section 3 of chapter 485 of 47 the laws of 1990, as amended, when upon such date the provisions of 48 section two of this act shall take effect; and provided further that the 49 amendments to subdivision 4 of section 209 of the civil service law, 50 made by sections three and four of this act, shall not affect the expi- 51 ration of such subdivision pursuant to paragraph (d) of such subdivision 52 and shall be deemed to expire therewith.