Assembly Bill A6336

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

                                  6336

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2009
                               ___________

Introduced by M. of A. DESTITO, SCARBOROUGH, BARRA -- Multi-Sponsored by
  -- M. of A. LUPARDO, TOWNS, ZEBROWSKI -- 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  involving  all  members  of  the
  collective  negotiating units designated as security services or secu-
  rity supervisors

  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09149-01-9
              

A. 6336                             2

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 negotiating unit designated as
the  agency law enforcement services unit who are police officers pursu-
ant 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
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 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:
  (f) With regard to any members of collective negotiating units  desig-
nated  as  security  services  or  security supervisors, [who are police

A. 6336                             3

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
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, insurance, medical and  hospitaliza-
tion benefits; and shall not apply to non-compensatory 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  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  this  act shall not affect the expiration of such subdivisions
and shall be deemed to expire therewith.