Bill Text: NY S03497 | 2009-2010 | General Assembly | Introduced

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Bill Title: Provides for the use of binding arbitration for employee organizations represented by the Ninth judicial district negotiating unit, Nassau county negotiating unit, Suffolk county negotiating unit, New York city senior court officers negotiating unit, New York city court officers negotiating unit and New York city court clerks negotiating unit; the parties shall refer the dispute to a three member public arbitration panel; requires the arbitration panel to hold hearings on all matters within the scope of negotiations related to the dispute; determinations of the panel are final and binding on all parties.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03497 Detail]

Download: New_York-2009-S03497-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3497
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 20, 2009
                                      ___________
       Introduced  by  Sens.  ADDABBO,  DILAN, HUNTLEY, C. JOHNSON, MONSERRATE,
         ONORATO, SAVINO, THOMPSON -- 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.
                                                                  LBD07377-01-9
       S. 3497                             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.