Bill Text: NY S03041 | 2009-2010 | General Assembly | Introduced


Bill Title: Includes aircraft rescue firefighters of the Niagara Frontier Transportation Authority in the provisions of the civil service law providing for the resolution of impasses in collective bargaining negotiations by the public employment relations board.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CIVIL SERVICE AND PENSIONS [S03041 Detail]

Download: New_York-2009-S03041-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3041
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    March 10, 2009
                                      ___________
       Introduced  by Sens. VOLKER, STACHOWSKI -- read twice and ordered print-
         ed, 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  which  reach  an impasse in the course of collective negoti-
         ations between the Niagara Frontier transportation authority  and  its
         aircraft rescue firefighters
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 209 of the civil service  law,  as
    2  amended  by  section 1 of chapter 234 of the laws of 2008, is amended to
    3  read as follows:
    4    2. Public employers are hereby empowered to enter into written  agree-
    5  ments  with recognized or certified employee organizations setting forth
    6  procedures to be invoked in the event of disputes which reach an impasse
    7  in the course of collective negotiations. Such  agreements  may  include
    8  the  undertaking  by each party to submit unresolved issues to impartial
    9  arbitration. In the absence or upon  the  failure  of  such  procedures,
   10  public  employers  and  employee  organizations may request the board to
   11  render assistance as provided in this section, or the board  may  render
   12  such  assistance  on its own motion, as provided in subdivision three of
   13  this section, or, in regard  to  AIRCRAFT  RESCUE  FIREFIGHTERS  OF  THE
   14  NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY, officers or members of any
   15  organized fire department, or any unit  of  the  public  employer  which
   16  previously  was  a  part  of  an organized fire department whose primary
   17  mission includes the prevention and control of  aircraft  fires,  police
   18  force or police department of any county, city, town, village or fire or
   19  police  district,  or  detective-investigators, or rackets investigators
   20  employed in the office of a district attorney of a county, or in  regard
   21  to any organized unit of troopers, commissioned or noncommissioned offi-
   22  cers  of  the  division  of state police, or in regard to investigators,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05201-01-9
       S. 3041                             2
    1  senior investigators and investigator specialists  of  the  division  of
    2  state  police,  or  in regard to members of collective negotiating units
    3  designated as security services and security supervisors who are  police
    4  officers,  who  are  forest  ranger  captains or who are employed by the
    5  state department of correctional services and are  designated  as  peace
    6  officers  pursuant  to  subdivision  twenty-five  of section 2.10 of the
    7  criminal procedure law, or in regard to members of the collective  nego-
    8  tiating  unit designated as the agency law enforcement services unit who
    9  are police officers pursuant to subdivision thirty-four of section  1.20
   10  of the criminal procedure law or who are forest rangers, or in regard to
   11  organized  units of deputy sheriffs who are engaged directly in criminal
   12  law enforcement activities that aggregate more than fifty per centum  of
   13  their service as certified by the county sheriff and are police officers
   14  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
   15  procedure law as certified by the municipal police training  council  or
   16  Suffolk  county  correction  officers  or Suffolk county park police, as
   17  provided in subdivision four of this section.
   18    S 2. Subdivision 2 of section 209 of the civil service law, as amended
   19  by section 2 of chapter 234 of the laws of 2008, is amended to  read  as
   20  follows:
   21    2.  Public employers are hereby empowered to enter into written agree-
   22  ments with recognized or certified employee organizations setting  forth
   23  procedures to be invoked in the event of disputes which reach an impasse
   24  in  the  course  of collective negotiations. Such agreements may include
   25  the undertaking by each party to submit unresolved issues  to  impartial
   26  arbitration.  In  the  absence  or  upon the failure of such procedures,
   27  public employers and employee organizations may  request  the  board  to
   28  render  assistance  as provided in this section, or the board may render
   29  such assistance on its own motion, as provided in subdivision  three  of
   30  this  section,  or,  in  regard  to  AIRCRAFT RESCUE FIREFIGHTERS OF THE
   31  NIAGARA FRONTIER TRANSPORTATION AUTHORITY, officers or  members  of  any
   32  organized  fire  department,  or  any  unit of the public employer which
   33  previously was a part of an  organized  fire  department  whose  primary
   34  mission  includes  the  prevention and control of aircraft fires, police
   35  force or police department of any county, city, except the city  of  New
   36  York,  town,  village or fire or police district, or in regard to organ-
   37  ized units of deputy sheriffs who are engaged directly in  criminal  law
   38  enforcement  activities  that  aggregate  more  than fifty per centum of
   39  their service as certified by the county sheriff and are police officers
   40  pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
   41  procedure  law  as certified by the municipal police training council or
   42  Suffolk county correction officers or Suffolk  county  park  police,  as
   43  provided in subdivision four of this section.
   44    S  3.  The  opening  paragraph  of subdivision 4 of section 209 of the
   45  civil service law, as amended by chapter 234 of the  laws  of  2008,  is
   46  amended to read as follows:
   47    On  request  of  either  party  or upon its own motion, as provided in
   48  subdivision two of this section, and in the event the  board  determines
   49  that  an impasse exists in collective negotiations between such employee
   50  organization and a public employer as to the conditions of employment of
   51  AIRCRAFT RESCUE FIREFIGHTERS  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION
   52  AUTHORITY,  officers or members of any organized fire department, or any
   53  other unit of the public employer which previously  was  a  part  of  an
   54  organized  fire department whose primary mission includes the prevention
   55  and control of aircraft fires, police force or police department of  any
   56  county,  city,  town, village or fire or police district, and detective-
       S. 3041                             3
    1  investigators, criminal investigators or rackets investigators  employed
    2  in the office of a district attorney, or as to the conditions of employ-
    3  ment  of  members  of  any  organized  unit of troopers, commissioned or
    4  noncommissioned  officers  of  the division of state police or as to the
    5  conditions of employment of members of any organized  unit  of  investi-
    6  gators,  senior  investigators and investigator specialists of the divi-
    7  sion of state police, or as to the terms and conditions of employment of
    8  members of collective negotiating units designated as security  services
    9  and security supervisors, who are police officers, who are forest ranger
   10  captains  or  who  are  employed by the state department of correctional
   11  services and are designated as peace officers  pursuant  to  subdivision
   12  twenty-five  of section 2.10 of the criminal procedure law, or in regard
   13  to members of the collective negotiating unit designated as  the  agency
   14  law enforcement services unit who are police officers pursuant to subdi-
   15  vision  thirty-four of section 1.20 of the criminal procedure law or who
   16  are forest rangers, or as to the conditions of employment of any  organ-
   17  ized  unit  of  deputy sheriffs who are engaged directly in criminal law
   18  enforcement activities that aggregate more  than  fifty  per  centum  of
   19  their service as certified by the county sheriff and are police officers
   20  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
   21  procedure law as certified by the municipal police training  council  or
   22  Suffolk  county  correction  officers or Suffolk county park police, the
   23  board shall render assistance as follows:
   24    S 4. This act shall take effect immediately; provided,  however,  that
   25  the  amendments to subdivision 2 of section 209 of the civil service law
   26  made by section one of this act shall be subject to the  expiration  and
   27  reversion  of  such  subdivision pursuant to section 3 of chapter 485 of
   28  the laws of 1990, as amended, when upon  such  date  the  provisions  of
   29  section  two  of  this  act shall take effect; and the amendments to the
   30  opening paragraph of subdivision 4 of section 209 of the  civil  service
   31  law made by section three of this act shall not affect the expiration of
   32  such subdivision and shall be deemed to expire therewith.
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