S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6828                                                  A. 9925

                      S E N A T E - A S S E M B L Y

                            February 11, 2010
                               ___________

IN  SENATE -- Introduced by Sen. VOLKER -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Civil Service
  and Pensions

IN ASSEMBLY -- Introduced by  M.  of  A.  GABRYSZAK  --  read  once  and
  referred to the Committee on Governmental Employees

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
  police officers and aircraft rescue firefighters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 209 of the civil service law, as
amended by section 1 of chapter 234 of the laws of 2008, is  amended  to
read as follows:
  2.  Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting  forth
procedures to be invoked in the event of disputes which reach an impasse
in  the  course  of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues  to  impartial
arbitration.  In  the  absence  or  upon the failure of such procedures,
public employers and employee organizations may  request  the  board  to
render  assistance  as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision  three  of
this  section,  or,  in  regard  to  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, officers or  members  of  any
organized  fire  department,  or  any  unit of the public employer which
previously was a part of an  organized  fire  department  whose  primary
mission  includes  the  prevention and control of aircraft fires, police
force or police department of any county, city, town, village or fire or
police district, or detective-investigators,  or  rackets  investigators
employed  in the office of a district attorney of a county, or in regard
to any organized unit of troopers, commissioned or noncommissioned offi-
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.
              

                                                           LBD05203-03-0

S. 6828                             2                            A. 9925

senior  investigators  and  investigator  specialists of the division of
state police, or in regard to members of  collective  negotiating  units
designated  as security services and security supervisors who are police
officers,  who  are  forest  ranger  captains or who are employed by the
state department of correctional services and are  designated  as  peace
officers  pursuant  to  subdivision  twenty-five  of section 2.10 of the
criminal procedure law, or in regard to members of the collective  nego-
tiating  unit designated as the agency law enforcement services unit who
are police officers pursuant to subdivision thirty-four of section  1.20
of the criminal procedure law or who are forest rangers, or in regard to
organized  units of deputy sheriffs who are engaged directly in criminal
law enforcement activities that aggregate more than fifty per centum  of
their service as certified by the county sheriff and are police officers
pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
procedure law as certified by the municipal police training  council  or
Suffolk  county correction officers [or], Suffolk county park police, OR
IN REGARD TO OFFICERS OR MEMBERS OF AN ORGANIZED  POLICE  FORCE  OF  THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY, as provided in subdivision
four of this section.
  S 2. Subdivision 2 of section 209 of the civil service law, as amended
by section 2 of chapter 234 of the laws of 2008, is amended to  read  as
follows:
  2.  Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting  forth
procedures to be invoked in the event of disputes which reach an impasse
in  the  course  of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues  to  impartial
arbitration.  In  the  absence  or  upon the failure of such procedures,
public employers and employee organizations may  request  the  board  to
render  assistance  as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision  three  of
this  section,  or,  in  regard  to  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, officers or  members  of  any
organized  fire  department,  or  any  unit of the public employer which
previously was a part of an  organized  fire  department  whose  primary
mission  includes  the  prevention and control of aircraft fires, police
force or police department of any county, city, except the city  of  New
York,  town,  village or fire or police district, or in regard to organ-
ized units of deputy sheriffs who are engaged directly in  criminal  law
enforcement  activities  that  aggregate  more  than fifty per centum of
their service as certified by the county sheriff and are police officers
pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
procedure  law  as certified by the municipal police training council or
Suffolk county correction officers or Suffolk county park police, OR  IN
REGARD  TO  OFFICERS  OR  MEMBERS  OF  AN  ORGANIZED POLICE FORCE OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, as  provided  in  subdivision
four of this section.
  S  3.  The  opening  paragraph  of subdivision 4 of section 209 of the
civil service law, as amended by chapter 234 of the  laws  of  2008,  is
amended to read as follows:
  On  request  of  either  party  or upon its own motion, as provided in
subdivision two of this section, and in the event the  board  determines
that  an impasse exists in collective negotiations between such employee
organization and a public employer as to the conditions of employment of
AIRCRAFT RESCUE FIREFIGHTERS  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION
AUTHORITY,  officers or members of any organized fire department, or any

S. 6828                             3                            A. 9925

other unit of the public employer which previously  was  a  part  of  an
organized  fire department whose primary mission includes the prevention
and control of aircraft fires, police force or police department of  any
county,  city,  town, village or fire or police district, and detective-
investigators, criminal investigators or rackets investigators  employed
in the office of a district attorney, or as to the conditions of employ-
ment  of  members  of  any  organized  unit of troopers, commissioned or
noncommissioned officers of the division of state police or  as  to  the
conditions  of  employment  of members of any organized unit of investi-
gators, senior investigators and investigator specialists of  the  divi-
sion of state police, or as to the terms and conditions of employment of
members  of collective negotiating units designated as security services
and security supervisors, who are police officers, who are forest ranger
captains or who are employed by the  state  department  of  correctional
services  and  are  designated as peace officers pursuant to subdivision
twenty-five of section 2.10 of the criminal procedure law, or in  regard
to  members  of the collective negotiating unit designated as the agency
law enforcement services unit who are police officers pursuant to subdi-
vision thirty-four of section 1.20 of the criminal procedure law or  who
are  forest rangers, or as to the conditions of employment of any organ-
ized unit of deputy sheriffs who are engaged directly  in  criminal  law
enforcement  activities  that  aggregate  more  than fifty per centum of
their service as certified by the county sheriff and are police officers
pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
procedure  law  as certified by the municipal police training council or
Suffolk county correction officers or Suffolk county park police, OR  IN
REGARD  TO  OFFICERS  OR  MEMBERS  OF  AN  ORGANIZED POLICE FORCE OF THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY,  the  board  shall  render
assistance as follows:
  S  4. Subdivision 4 of section 209 of the civil service law is amended
by adding  a new paragraph (j) to read as follows:
  (J) WITH REGARD TO AIRCRAFT RESCUE FIREFIGHTERS OF THE  NIAGARA  FRON-
TIER  TRANSPORTATION  AUTHORITY  OR  OFFICERS OR MEMBERS OF AN ORGANIZED
POLICE FORCE OF  THE  NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY,  THE
PROVISIONS  OF  THIS SECTION SHALL ONLY APPLY TO THE TERMS OF COLLECTIVE
BARGAINING AGREEMENTS DIRECTLY RELATING TO COMPENSATION,  INCLUDING  BUT
NOT  LIMITED  TO, SALARY, STIPENDS, LOCATION PAY, INSURANCE, MEDICAL AND
HOSPITALIZATION BENEFITS; AND SHALL NOT APPLY TO NON-COMPENSATION ISSUES
INCLUDING, BUT NOT LIMITED TO, JOB SECURITY, DISCIPLINARY PROCEDURES AND
ACTIONS, DEPLOYMENT OR SCHEDULING, OR ISSUES RELATING TO ELIGIBILITY FOR
OVERTIME COMPENSATION, WHICH  SHALL  BE  GOVERNED  BY  OTHER  PROVISIONS
PRESCRIBED BY LAW.
  S  5.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 2 of section 209 of the civil service  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of  chapter  485  of
the  laws  of  1990,  as  amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to subdivision 4 of section 209 of  the  civil  service  law,
made  by sections three and four of this act, shall not affect the expi-
ration of such subdivision pursuant to paragraph (d) of such subdivision
and shall be deemed to expire therewith.