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

                                  8365

                          I N  A S S E M B L Y

                             January 9, 2014
                               ___________

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

AN  ACT  to  amend the civil service law, in relation to mandatory arbi-
  tration

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

  Section  1. Paragraph (a) of subdivision 5 of section 209 of the civil
service law, as added by chapter 929 of the laws of 1986, is amended  to
read as follows:
  (a)  In the event that the board certifies that a voluntary resolution
of the contract negotiations between either (i) the New York city trans-
it authority (hereinafter referred to as  TA-public  employer)  and  the
public  employee  organization  certified or recognized to represent the
majority of employees of such TA-public employer, or (ii) the  metropol-
itan  transportation authority, including its subsidiaries, the New York
city transit authority, including its  subsidiary,  and  the  Triborough
bridge  and  tunnel authority (all hereinafter referred to as MTA-public
employer) and a public employee organization certified or recognized  to
represent  employees  of  such  MTA-public  employer  not subject to the
jurisdiction of the Federal Railway Labor Act and  not  subject  to  the
provisions  of  subparagraph  (i)  [hereof] OF THIS PARAGRAPH, which has
made an election pursuant to paragraph (f) of this subdivision, OR (III)
THE NEW YORK STATE POWER AUTHORITY AND THE PUBLIC EMPLOYEE  ORGANIZATION
CERTIFIED OR RECOGNIZED TO REPRESENT THE EMPLOYEES OF SUCH POWER AUTHOR-
ITY,  cannot  be  effected,  or  upon the joint request of the TA-public
employer [or], the MTA-public employer (hereinafter jointly referred  to
as  public employer) OR THE POWER AUTHORITY-PUBLIC EMPLOYER and any such
affected employee organization, such board shall refer the dispute to  a
public  arbitration  panel,  consisting  of  one member appointed by the
public employer, one member appointed by the employee  organization  and
one  public member appointed jointly by the public employer and employee
organization who shall be selected within ten days after receipt by  the
board  of  a  petition  for creation of the arbitration panel. If either
party fails to designate its member to the public arbitration panel, the

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

A                                                          LBD13326-01-3

A. 8365                             2

board shall promptly, upon receipt of a request by either party,  desig-
nate a member associated in interest with the public employer or employ-
ee organization he is to represent. Each of the respective parties is to
bear  the  cost of its member appointed or designated to the arbitration
panel and each of the respective parties is to share equally the cost of
the public member. If, within seven days after  the  mailing  date,  the
parties  are unable to agree upon the one public member, the board shall
submit to the parties a list of qualified, disinterested persons for the
selection of the public member.   Each party  shall  alternately  strike
from  the list one of the names with the order of striking determined by
lot, until the remaining  one  person  shall  be  designated  as  public
member.  This  process shall be completed within five days of receipt of
this list. The parties shall notify the board of the  designated  public
member. The public member shall be chosen as chairman.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments made to paragraph (a) of subdivision 5 of section 209  of
the  civil  service  law by section one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.