S T A T E O F N E W Y O R K
________________________________________________________________________
7133
2009-2010 Regular Sessions
I N A S S E M B L Y
March 23, 2009
___________
Introduced by M. of A. ABBATE -- Multi-Sponsored by -- M. of A. AUBRY,
McENENY, PHEFFER, SALADINO, TOWNSEND, ZEBROWSKI -- (at request of the
Public Employment Relations Board) -- read once and referred to the
Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to certain pre-arbi-
tration time limits involving negotiation disputes between public
employers and certain public employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph b and subparagraph (ii) of paragraph c of subdi-
vision 4 of section 209 of the civil service law, as amended by chapter
216 of the laws of 1977, are amended to read as follows:
(b) if the mediator is unable to effect settlement of the controversy
[within fifteen days] after [his] THE MEDIATOR'S appointment, either
party may petition the board to refer the dispute to a public arbi-
tration panel;
(ii) the public arbitration panel shall consist 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 arbi-
tration panel]. EACH PARTY SHALL DESIGNATE ITS MEMBER TO THE ARBITRATION
PANEL IN ACCORDANCE WITH RULES PROMULGATED BY THE BOARD. If either party
fails to designate its member to the public arbitration panel, the board
shall promptly, upon receipt of a request by either party, designate a
member associated in interest with the public employer or employee
organization [he is to represent]. Each of the respective parties [is
to] SHALL bear the cost of its member appointed or designated to the
arbitration panel and each of the respective parties [is to] SHALL 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08973-01-9
A. 7133 2
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] UPON RECEIPT OF THE PETITION, THE BOARD SHALL SUBMIT TO THE
PARTIES A LIST OF QUALIFIED, DISINTERESTED PERSONS FOR THE SELECTION OF
THE PUBLIC MEMBER. WITHIN TWENTY DAYS OF RECEIPT OF SUCH LIST FROM THE
BOARD, THE PARTIES SHALL EITHER AGREE UPON THE ONE PUBLIC MEMBER, OR IF
UNABLE TO AGREE, SHALL ALTERNATELY STRIKE FROM THE LIST ONE OF THE
NAMES, WITH THE ORDER OF STRIKING DETERMINED BY LOT, UNTIL ONE PERSON,
WHO SHALL BE DESIGNATED AS PUBLIC MEMBER, REMAINS. THE PARTIES SHALL
NOTIFY THE BOARD OF THE DESIGNATED PUBLIC MEMBER, WHO SHALL CHAIR THE
PANEL. SHOULD EITHER PARTY NOT PARTICIPATE IN THE ALTERNATE STRIKING
PROCESS, ALL NAMES ON THE LIST SHALL BE DEEMED ACCEPTABLE TO THAT PARTY,
AND THE OTHER PARTY SHALL BE ENTITLED TO HAVE ITS SELECTION DESIGNATED
AS THE PUBLIC MEMBER;
S 2. 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, which has made an election pursu-
ant to paragraph (f) of this subdivision, 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) 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]. EACH PARTY
SHALL DESIGNATE ITS MEMBER TO THE ARBITRATION PANEL IN ACCORDANCE WITH
THE RULES PROMULGATED BY THE BOARD. If either party fails to designate
its member to the public arbitration panel, the board shall promptly,
upon receipt of a request by either party, designate a member associated
in interest with the public employer or employee organization [he is to
represent]. Each of the respective parties [is to] SHALL 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
A. 7133 3
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] UPON RECEIPT OF THE PETITION, THE
BOARD SHALL SUBMIT TO THE PARTIES A LIST OF QUALIFIED, DISINTERESTED
PERSONS FOR THE SELECTION OF THE PUBLIC MEMBER. WITHIN TWENTY DAYS OF
RECEIPT OF SUCH LIST FROM THE BOARD, THE PARTIES SHALL EITHER AGREE UPON
THE ONE PUBLIC MEMBER, OR IF UNABLE TO AGREE, SHALL ALTERNATELY STRIKE
FROM THE LIST ONE OF THE NAMES, WITH THE ORDER OF STRIKING DETERMINED BY
LOT, UNTIL ONE PERSON, WHO SHALL BE DESIGNATED AS PUBLIC MEMBER,
REMAINS. THE PARTIES SHALL NOTIFY THE BOARD OF THE DESIGNATED PUBLIC
MEMBER, WHO SHALL CHAIR THE PANEL. SHOULD EITHER PARTY NOT PARTICIPATE
IN THE ALTERNATE STRIKING PROCESS, ALL NAMES ON THE LIST SHALL BE DEEMED
ACCEPTABLE TO THAT PARTY, AND THE OTHER PARTY SHALL BE ENTITLED TO HAVE
ITS SELECTION DESIGNATED AS THE PUBLIC MEMBER.
S 3. This act shall take effect immediately; provided, that the amend-
ments to subdivisions 4 and 5 of section 209 of the civil service law,
made by sections one and two of this act, shall not affect the expira-
tion of such subdivisions and shall be deemed to expire therewith.