Bill Text: NY A09074 | 2019-2020 | General Assembly | Introduced

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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 (Democrat 2-0)

Status: (Introduced - Dead) 2020-01-15 - referred to governmental employees [A09074 Detail]

Download: New_York-2019-A09074-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9074

                   IN ASSEMBLY

                                    January 15, 2020
                                       ___________

        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees

        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,
    26  such  board  shall  refer  the  dispute  to  a public arbitration panel,
    27  consisting of one member appointed by the public  employer,  one  member
    28  appointed  by  the employee organization and one public member appointed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07047-02-0
        A. 9074                             2

     1  jointly by the public employer and employee organization  who  shall  be
     2  selected  within  ten  days after receipt by the board of a petition for
     3  creation of the arbitration panel. If either party  fails  to  designate
     4  its  member  to  the public arbitration panel, the board shall promptly,
     5  upon receipt of a request by either party, designate a member associated
     6  in interest with the public employer or employee organization he  is  to
     7  represent.  Each  of  the  respective parties is to bear the cost of its
     8  member appointed or designated to the arbitration panel and each of  the
     9  respective  parties  is  to share equally the cost of the public member.
    10  If, within seven days after the mailing date, the parties are unable  to
    11  agree  upon the one public member, the board shall submit to the parties
    12  a list of qualified, disinterested persons  for  the  selection  of  the
    13  public member.  Each party shall alternately strike from the list one of
    14  the  names  with  the  order  of  striking  determined by lot, until the
    15  remaining one person shall be designated as public member. This  process
    16  shall be completed within five days of receipt of this list. The parties
    17  shall  notify  the  board  of  the  designated public member. The public
    18  member shall be chosen as chairman.
    19    § 2. This act shall take effect immediately; provided,  however,  that
    20  the  amendments  to paragraph (a) of subdivision 5 of section 209 of the
    21  civil service law made by section one of this act shall not  affect  the
    22  expiration of such subdivision and shall be deemed to expire therewith.