New York Assembly Bill A05495 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 5495--A 2023-2024 Regular Sessions  IN ASSEMBLY March 13, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Governmental Employees -- recommitted to the Committee on Governmental Employees in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10120-02-4 
 A. 5495--A 2 1 fied or recognized to represent the employees of such upstate TA-public 2 employer, cannot be effected, or upon the joint request of the TA-public 3 employer, the MTA-public employer (hereinafter jointly referred to as 4 public employer) or the upstate TA-public employer and any such affected 5 employee organization, such board shall refer the dispute to a public 6 arbitration panel, consisting of one member appointed by the public 7 employer, one member appointed by the employee organization and one 8 public member appointed jointly by the public employer and employee 9 organization who shall be selected within ten days after receipt by the 10 board of a petition for creation of the arbitration panel. If either 11 party fails to designate its member to the public arbitration panel, the 12 board shall promptly, upon receipt of a request by either party, desig- 13 nate a member associated in interest with the public employer or employ- 14 ee organization he is to represent. Each of the respective parties is to 15 bear the cost of its member appointed or designated to the arbitration 16 panel and each of the respective parties is to share equally the cost of 17 the public member. If, within seven days after the mailing date, the 18 parties are unable to agree upon the one public member, the board shall 19 submit to the parties a list of qualified, disinterested persons for the 20 selection of the public member. Each party shall alternately strike from 21 the list one of the names with the order of striking determined by lot, 22 until the remaining one person shall be designated as public member. 23 This process shall be completed within five days of receipt of this 24 list. The parties shall notify the board of the designated public 25 member. The public member shall be chosen as chairman. 26 § 2. This act shall take effect immediately; provided, however, that 27 the amendments to paragraph (a) of subdivision 5 of section 209 of the 28 civil service law made by section one of this act shall not affect the 29 expiration of such subdivision and shall be deemed to expire therewith.