S T A T E   O F   N E W   Y O R K
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                                  4820

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. LUPARDO, DESTITO, JOHN, PERALTA -- read once and
  referred to the Committee on Governmental Employees

AN ACT to amend the civil service law,  in  relation  to  providing  for
  binding arbitration in negotiations for certain members of the securi-
  ty services collective bargaining unit

  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 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 depart-
ment 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 officers of the division of
state police, or in regard to investigators,  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03323-01-9
              

A. 4820                             2

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
WHO ARE SAFETY AND SECURITY OFFICERS WITHIN THE OFFICE OF MENTAL HEALTH,
THE  OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, OR THE
DEPARTMENT OF HEALTH, or in regard to members of the collective  negoti-
ating  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, as
provided in subdivision four of this section.
  S 2. 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
officers  or members of any organized fire department, or any 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 employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-
ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of correctional services and are desig-
nated as peace officers pursuant to subdivision twenty-five  of  section
2.10  of the criminal procedure law OR WHO ARE SAFETY AND SECURITY OFFI-
CERS WITHIN THE OFFICE OF MENTAL HEALTH, THE OFFICE OF  MENTAL  RETARDA-
TION  AND DEVELOPMENTAL DISABILITIES, OR THE DEPARTMENT OF HEALTH, or in
regard to members of the collective negotiating 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 as to the conditions of employment of any
organized 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,  the
board shall render assistance as follows:
  S  3.  Paragraph  (f)  of  subdivision  4  of section 209 of the civil
service law, as amended by chapter 179 of the laws of 2008,  is  amended
to read as follows:

A. 4820                             3

  (f)  With regard to any members of collective negotiating units desig-
nated as security services or security supervisors, who are police offi-
cers, 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 WHO ARE SAFETY AND SECURITY OFFICERS WITHIN THE  OFFICE
OF  MENTAL  HEALTH,  THE  OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL
DISABILITIES, OR THE DEPARTMENT OF HEALTH, or in regard  to  members  of
the collective negotiating 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 detective-investigators, criminal investigators
or  rackets  investigators employed in the office of a district attorney
of a county contained within a city with a population of one million  or
more,  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, insur-
ance, medical and hospitalization benefits; and shall not apply to  non-
compensatory  issues including, but not limited to, job security, disci-
plinary procedures and actions,  deployment  or  scheduling,  or  issues
relating  to  eligibility  for  overtime  compensation  which  shall  be
governed by other provisions proscribed by law.
  S 4. This act shall take effect immediately; provided that the  amend-
ments  to  subdivisions  2 and 4 of section 209 of the civil service law
made by sections one, two and three, respectively, of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith.