senate Bill S7095B

Relates to limitations of binding arbitration for members of the state police; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 25 / Apr / 2014
    • REFERRED TO CIVIL SERVICE AND PENSIONS
  • 05 / May / 2014
    • AMEND AND RECOMMIT TO CIVIL SERVICE AND PENSIONS
  • 05 / May / 2014
    • PRINT NUMBER 7095A
  • 28 / May / 2014
    • 1ST REPORT CAL.991
  • 29 / May / 2014
    • 2ND REPORT CAL.
  • 02 / Jun / 2014
    • ADVANCED TO THIRD READING
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING 7095B
  • 20 / Jun / 2014
    • COMMITTED TO RULES

Summary

Relates to limitations of binding arbitration for members of the state police.

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Bill Details

See Assembly Version of this Bill:
A9391B
Versions:
S7095
S7095A
S7095B
Legislative Cycle:
2013-2014
Current Committee:
Senate Rules
Law Section:
Civil Service Law
Laws Affected:
Amd §209, rpld sub 4 ¶(f), Civ Serv L

Sponsor Memo

BILL NUMBER:S7095B

TITLE OF BILL: An act to amend the civil service law, in relation to
providing for limitations on binding arbitration for members of the
state police; and to repeal certain provisions of such law relating
thereto

PURPOSE:

This bill would enact a chapter amendment to provide certain
limitations on the binding arbitration rights granted to members of
the Agency Police Services Unit by Chapter 587 of the laws of 2004.

SUMMARY OF PROVISIONS:

This bill would enact a chapter amendment to Chapter 587 of the laws
of 2001, which granted binding arbitration rights to members of the
Agency Police Services Unit. Specifically, this bill would amend
paragraph e of subdivision 4 of section 209 of the civil service law
and paragraph f of subdivision 4 of section 209 of the civil service
law, to provide that with regard to members of the Agency Police
Services Unit who are sworn Police officers in the state university
police, state environmental police, state park police and state forest
rangers, the provisions of the Civil Service law which grant binding
arbitration rights to such members of the Agency Police Services Unit
shall include issues relating to salary, stipends, location pay,
insurance, as well as medical and hospitalization but shall not apply
to issues relating to job security, disciplinary procedures,
scheduling, and investigations or eligibility and assignment to
details and positions, which would be governed by any other provisions
proscribed by law.

EXISTING LAW:

This bill would limit the scope of binding arbitration provisions for
members of the Agency Police Services Unit. Specifically, binding
arbitration would not apply to issues relating to disciplinary
procedures and investigations or eligibility and assignment to detail
and positions.

JUSTIFICATION:

At the time of the signing for Chapter 587 of the laws of 2001, which
granted binding arbitration rights to members of the Agency Police
Services Unit, it was decided by all interested parties that this law
should be clarified so as to limit these rights so granted to not
include disciplinary procedures and investigation or eligibility and
assignment to details and positions. Binding arbitration has proven
most effective resolving monetary disputes of collective bargaining.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None.


EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 7095--B
    Cal. No. 991

                            I N  S E N A T E

                             April 25, 2014
                               ___________

Introduced  by  Sens.  GOLDEN,  AVELLA, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the  Committee  on  Civil
  Service  and  Pensions  -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  reported
  favorably  from  said  committee,  ordered to first and second report,
  ordered to a third reading, amended and ordered  reprinted,  retaining
  its place in the order of third reading

AN  ACT  to  amend  the  civil service law, in relation to providing for
  limitations on binding arbitration for members of  the  state  police;
  and to repeal certain provisions of such law relating thereto

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

  Section 1. Paragraph (e) of subdivision 4 of section 209 of the  civil
service  law, as added by chapter 232 of the laws of 2002, is amended to
read as follows:
  (e) With regard to members of any organized unit of troopers, investi-
gators, senior investigators, investigator specialists and  commissioned
or  non-commissioned  officers of the division of state police, [the] OR
MEMBERS OF THE COLLECTIVE NEGOTIATION  UNIT  DESIGNATED  AS  THE  AGENCY
POLICE  SERVICES  UNIT  WHO  ARE POLICE OFFICERS PURSUANT TO SUBDIVISION
THIRTY-FOUR  OF  SECTION  1.20  OF  THE  CRIMINAL  PROCEDURE  LAW.   THE
provisions  of this section shall not apply to issues relating to disci-
plinary procedures and investigations or eligibility and  assignment  to
details  and  positions,  which  shall  be  governed by other provisions
prescribed by law.
  S 2. Paragraph (f) of subdivision  4  of  section  209  of  the  civil
service  law  is  REPEALED  and  a new paragraph (f) is added to read as
follows:
  (F) WITH REGARD TO MEMBERS OF ANY COLLECTIVE NEGOTIATING UNITS  DESIG-
NATED  AS SECURITY SERVICES OR SECURITY SUPERVISORS, WHO ARE EMPLOYED BY
THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY  SUPERVISION  AND  ARE
DESIGNATED  AS  PEACE  OFFICERS  PURSUANT  TO SUBDIVISION TWENTY-FIVE OF
SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW OR  IN  REGARD  TO  DETECTIVE
INVESTIGATORS,  CRIMINAL INVESTIGATORS OR RACKETS INVESTIGATORS EMPLOYED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14878-04-4

S. 7095--B                          2

IN THE OFFICE OF A DISTRICT ATTORNEY OF A COUNTY CONTAINED WITHIN A CITY
OF ONE MILLION OR MORE, THE PROVISIONS OF THIS ARTICLE 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-COMPENSATORY  ISSUES  INCLUDING,  BUT NOT LIMITED TO, JOB
SECURITY, DISCIPLINARY PROCEDURES AND ACTIONS, DEPLOYMENT  AND  SCHEDUL-
ING,  OR  ISSUES RELATING TO ELIGIBILITY FOR OVERTIME COMPENSATION WHICH
SHALL BE GOVERNED BY OTHER PROVISIONS PRESCRIBED BY LAW.
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivision 4 of section 209 of the civil service law
made by sections one and two of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith.

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