Bill Text: NY S09552 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires subsidiaries of certain authorities and their employees to submit all unresolvable contract negotiations to binding arbitration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO CIVIL SERVICE AND PENSIONS [S09552 Detail]

Download: New_York-2023-S09552-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9552

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen.  COONEY -- 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 amended by chapter 814 of the laws of 2021, is amended
     3  to 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) of this  paragraph,  which  has  made  an
    16  election  pursuant  to  paragraph  (f) of this subdivision, or (iii) the
    17  Niagara Frontier transportation authority, including  its  subsidiaries,
    18  the  Rochester-Genesee regional transportation authority, including  its
    19  subsidiaries, the capital district transportation  authority,  including
    20  its    subsidiaries,  and  the  central New York regional transportation
    21  authority, including  its  subsidiaries, (all hereinafter referred to as
    22  upstate TA-public employer) and the public employee organization  certi-
    23  fied  or recognized to represent the employees of such upstate TA-public
    24  employer, cannot be effected, or upon the joint request of the TA-public
    25  employer, the MTA-public employer (hereinafter jointly  referred  to  as
    26  public employer) or the upstate TA-public employer and any such affected
    27  employee  organization,  such  board shall refer the dispute to a public
    28  arbitration panel, consisting of one  member  appointed  by  the  public

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10120-04-4
        S. 9552                             2

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