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

                                  3284

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 13, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions

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
to members  of  collective  negotiating  units  designated  as  security

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

S. 3284                             2

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
officers,  who  are  forest  ranger  captains or who are employed by the

S. 3284                             3

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.