S T A T E O F N E W Y O R K
________________________________________________________________________
1269
2011-2012 Regular Sessions
I N S E N A T E
January 6, 2011
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Introduced by Sens. ADDABBO, DILAN, HASSELL-THOMPSON, HUNTLEY, SAVINO --
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 binding arbi-
tration for court clerks and uniformed court officers of the unified
court system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 209 of the civil service law is amended by adding a
2 new subdivision 6 to read as follows:
3 6. (A) IN THE EVENT THAT THE BOARD CERTIFIES THAT A VOLUNTARY RESOL-
4 UTION OF THE CONTRACT NEGOTIATIONS BETWEEN THE UNIFIED COURT SYSTEM AND
5 THE PUBLIC EMPLOYEE ORGANIZATION CERTIFIED OR RECOGNIZED TO REPRESENT
6 THE NINTH JUDICIAL DISTRICT NEGOTIATING UNIT, NASSAU COUNTY NEGOTIATING
7 UNIT, SUFFOLK COUNTY NEGOTIATING UNIT, NEW YORK CITY SENIOR COURT OFFI-
8 CERS NEGOTIATING UNIT, NEW YORK CITY COURT REPORTERS NEGOTIATING UNIT,
9 NEW YORK CITY COURT OFFICERS NEGOTIATING UNIT AND NEW YORK CITY COURT
10 CLERKS NEGOTIATING UNIT SUCH BOARD SHALL REFER THE DISPUTE TO A PUBLIC
11 ARBITRATION PANEL, CONSISTING OF ONE MEMBER APPOINTED BY THE UNIFIED
12 COURT SYSTEM, ONE MEMBER APPOINTED BY THE EMPLOYEE ORGANIZATION AND ONE
13 PUBLIC MEMBER APPOINTED JOINTLY BY THE UNIFIED COURT SYSTEM AND THE
14 EMPLOYEE ORGANIZATION WHO SHALL BE SELECTED WITHIN TEN DAYS AFTER
15 RECEIPT BY THE BOARD OF A PETITION FOR CREATION OF THE ARBITRATION
16 PANEL. IF EITHER PARTY FAILS TO DESIGNATE ITS MEMBER TO THE PUBLIC ARBI-
17 TRATION PANEL, THE BOARD SHALL PROMPTLY, UPON RECEIPT OF A REQUEST BY
18 EITHER PARTY, DESIGNATE A MEMBER ASSOCIATED IN INTEREST WITH THE UNIFIED
19 COURT SYSTEM OR EMPLOYEE ORGANIZATION HE OR SHE IS TO REPRESENT. EACH OF
20 THE RESPECTIVE PARTIES IS TO BEAR THE COST OF ITS MEMBER APPOINTED OR
21 DESIGNATED TO THE ARBITRATION PANEL AND EACH OF THE RESPECTIVE PARTIES
22 IS TO SHARE EQUALLY THE COST OF THE PUBLIC MEMBER. IF, WITHIN SEVEN DAYS
23 AFTER THE MAILING DATE, THE PARTIES ARE UNABLE TO AGREE UPON THE ONE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01378-01-1
S. 1269 2
1 PUBLIC MEMBER, THE BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALI-
2 FIED, DISINTERESTED PERSONS FOR THE SELECTION OF THE PUBLIC MEMBER. EACH
3 PARTY SHALL ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE
4 ORDER OF STRIKING DETERMINED BY LOT, UNTIL THE REMAINING ONE PERSON
5 SHALL BE DESIGNATED AS PUBLIC MEMBER. THIS PROCESS SHALL BE COMPLETED
6 WITHIN FIVE DAYS OF RECEIPT OF THIS LIST. THE PARTIES SHALL NOTIFY THE
7 BOARD OF THE DESIGNATED PUBLIC MEMBER. THE PUBLIC MEMBER SHALL BE CHOSEN
8 AS CHAIRPERSON.
9 (B) THE ARBITRATION PANEL SHALL HOLD HEARINGS ON ALL MATTERS WITHIN
10 THE SCOPE OF NEGOTIATIONS RELATED TO THE DISPUTE FOR WHICH THE PANEL WAS
11 APPOINTED. THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL OR BY
12 OTHER REPRESENTATIVES AS THEY MAY RESPECTIVELY DESIGNATE. THE PARTIES
13 MAY PRESENT, EITHER ORALLY OR IN WRITING OR BOTH, STATEMENT OF FACT,
14 SUPPORTING WITNESSES AND OTHER EVIDENCE AND ARGUMENT OF THEIR RESPECTIVE
15 POSITION WITH RESPECT TO EACH CASE. THE PANEL SHALL HAVE AUTHORITY TO
16 REQUIRE THE PRODUCTION OF SUCH ADDITIONAL EVIDENCE, EITHER ORAL OR WRIT-
17 TEN, AS IT MAY DESIRE FROM THE PARTIES AND SHALL PROVIDE AT THE REQUEST
18 OF EITHER PARTY THAT A FULL AND COMPLETE RECORD BE KEPT OF ANY SUCH
19 HEARINGS, THE COST OF SUCH RECORD TO BE SHARED EQUALLY BY THE PARTIES.
20 (C) ALL MATTERS PRESENTED TO SUCH PANEL FOR ITS DETERMINATION SHALL BE
21 DECIDED BY A MAJORITY VOTE OF THE MEMBERS OF THE PANEL. THE PANEL, PRIOR
22 TO A VOTE ON ANY ISSUE IN DISPUTE BEFORE IT, MAY REFER THE ISSUE BACK TO
23 THE PARTIES FOR FURTHER NEGOTIATIONS.
24 (D) SUCH PANEL SHALL MAKE A JUST AND REASONABLE DETERMINATION OF
25 MATTERS IN DISPUTE. IN ARRIVING AT SUCH DETERMINATION, THE PANEL SHALL
26 SPECIFY THE BASIS FOR ITS FINDINGS, TAKING INTO CONSIDERATION, IN ADDI-
27 TION TO ANY OTHER RELEVANT FACTORS, THE FOLLOWING: (I) COMPARISON OF THE
28 WAGES, HOURS, FRINGE BENEFITS, CONDITIONS AND CHARACTERISTICS OF EMPLOY-
29 MENT OF THE PUBLIC EMPLOYEES INVOLVED IN THE IMPASSE PROCEEDING WITH THE
30 WAGES, HOURS, FRINGE BENEFITS, CONDITIONS AND CHARACTERISTICS OF EMPLOY-
31 MENT OF OTHER EMPLOYEES PERFORMING SIMILAR WORK AND OTHER EMPLOYEES
32 GENERALLY IN PUBLIC OR PRIVATE EMPLOYMENT IN NEW YORK CITY OR COMPARABLE
33 COMMUNITIES; (II) THE OVERALL COMPENSATION PAID TO THE EMPLOYEES
34 INVOLVED IN THE IMPASSE PROCEEDING, INCLUDING DIRECT WAGE COMPENSATION,
35 OVERTIME AND PREMIUM PAY, VACATIONS, HOLIDAYS AND OTHER EXCUSED TIME,
36 INSURANCE, PENSIONS, MEDICAL AND HOSPITALIZATION BENEFITS, FOOD AND
37 APPAREL FURNISHED, AND ALL OTHER BENEFITS RECEIVED; (III) THE IMPACT OF
38 THE PANEL'S AWARD ON THE FINANCIAL ABILITY OF THE UNIFIED COURT SYSTEM
39 TO PAY, ON THE PRESENT FARES AND ON THE CONTINUED PROVISION OF SERVICES
40 TO THE PUBLIC; (IV) CHANGES IN THE AVERAGE CONSUMER PRICES FOR GOODS AND
41 SERVICES, COMMONLY KNOWN AS THE COST OF LIVING; (V) THE INTEREST AND
42 WELFARE OF THE PUBLIC; AND (VI) SUCH OTHER FACTORS AS ARE NORMALLY AND
43 CUSTOMARILY CONSIDERED IN THE DETERMINATION OF WAGES, HOURS, FRINGE
44 BENEFITS AND OTHER WORKING CONDITIONS IN COLLECTIVE NEGOTIATIONS OR
45 IMPASSE PANEL PROCEEDINGS.
46 (E) THE PANEL SHALL HAVE FULL AUTHORITY TO RESOLVE THE MATTERS IN
47 DISPUTE BEFORE IT AND ISSUE A DETERMINATION WHICH SHALL BE FINAL AND
48 BINDING UPON THE PARTIES, NOTWITHSTANDING ANY OTHER PROVISION OF THIS
49 ARTICLE. EXCEPT FOR THE PURPOSES OF JUDICIAL REVIEW, ANY PROVISION OF A
50 DETERMINATION OF THE ARBITRATION PANEL, THE IMPLEMENTATION OF WHICH
51 REQUIRES AN ENACTMENT OF LAW, SHALL NOT BECOME BINDING UNTIL THE APPRO-
52 PRIATE LEGISLATIVE BODY ENACTS SUCH LAW.
53 S 2. This act shall take effect immediately.