Bill Text: NY S04746 | 2015-2016 | 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: Bipartisan Bill

Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S04746 Detail]

Download: New_York-2015-S04746-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4746
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    April 15, 2015
                                      ___________
       Introduced by Sens. FUNKE, AVELLA -- 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  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09087-01-5
       S. 4746                             2
    1  UPSTATE  TA-PUBLIC EMPLOYER and any such affected employee organization,
    2  such board shall refer  the  dispute  to  a  public  arbitration  panel,
    3  consisting  of  one  member appointed by the public employer, one member
    4  appointed  by  the employee organization and one public member appointed
    5  jointly by the public employer and employee organization  who  shall  be
    6  selected  within  ten  days after receipt by the board of a petition for
    7  creation of the arbitration panel. If either party  fails  to  designate
    8  its  member  to  the public arbitration panel, the board shall promptly,
    9  upon receipt of a request by either party, designate a member associated
   10  in interest with the public employer or employee organization he  is  to
   11  represent.  Each  of  the  respective parties is to bear the cost of its
   12  member appointed or designated to the arbitration panel and each of  the
   13  respective  parties  is  to share equally the cost of the public member.
   14  If, within seven days after the mailing date, the parties are unable  to
   15  agree  upon the one public member, the board shall submit to the parties
   16  a list of qualified, disinterested persons  for  the  selection  of  the
   17  public member.  Each party shall alternately strike from the list one of
   18  the  names  with  the  order  of  striking  determined by lot, until the
   19  remaining one person shall be designated as public member. This  process
   20  shall be completed within five days of receipt of this list. The parties
   21  shall  notify  the  board  of  the  designated public member. The public
   22  member shall be chosen as chairman.
   23    S 2. This act shall take effect immediately; provided,  however,  that
   24  the  amendments  to paragraph (a) of subdivision 5 of section 209 of the
   25  civil service law made by section one of this act shall not  affect  the
   26  expiration of such subdivision and shall be deemed to expire therewith.