New York Senate Bill S06498 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 6498 2023-2024 Regular Sessions  IN SENATE April 24, 2023 ___________ Introduced by Sen. KENNEDY -- 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, the capital 19 district transportation authority and the central New York regional 20 transportation authority (all hereinafter referred to as upstate 21 TA-public employer) and the public employee organization certified or 22 recognized to represent the employees of such upstate TA-public employ- 23 er, cannot be effected, or upon the joint request of the TA-public 24 employer, the MTA-public employer (hereinafter jointly referred to as 25 public employer) or the upstate TA-public employer and any such affected EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10120-01-3 
 S. 6498 2 1 employee organization, such board shall refer the dispute to a public 2 arbitration panel, consisting of one member appointed by the public 3 employer, one member appointed by the employee organization and one 4 public member appointed jointly by the public employer and employee 5 organization who shall be selected within ten days after receipt by the 6 board of a petition for creation of the arbitration panel. If either 7 party fails to designate its member to the public arbitration panel, the 8 board shall promptly, upon receipt of a request by either party, desig- 9 nate a member associated in interest with the public employer or employ- 10 ee organization he is to represent. Each of the respective parties is to 11 bear the cost of its member appointed or designated to the arbitration 12 panel and each of the respective parties is to share equally the cost of 13 the public member. If, within seven days after the mailing date, the 14 parties are unable to agree upon the one public member, the board shall 15 submit to the parties a list of qualified, disinterested persons for the 16 selection of the public member. Each party shall alternately strike from 17 the list one of the names with the order of striking determined by lot, 18 until the remaining one person shall be designated as public member. 19 This process shall be completed within five days of receipt of this 20 list. The parties shall notify the board of the designated public 21 member. The public member shall be chosen as chairman. 22 § 2. This act shall take effect immediately; provided, however, that 23 the amendments to paragraph (a) of subdivision 5 of section 209 of the 24 civil service law made by section one of this act shall not affect the 25 expiration of such subdivision and shall be deemed to expire therewith.