NY State Assembly Bill 2011-A3546

Assembly Bill A3546

2011-2012 Legislative Session

Includes Niagara Frontier transportation authority and its police officers and aircraft rescue firefighters under provisions for resolution of impasse in collective bargaining

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Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 06, 2012	ordered to third reading rules cal.47 rules report cal.47 reported
Jun 05, 2012	reported referred to rules
May 14, 2012	print number 3546a
May 14, 2012	amend and recommit to governmental employees
Jan 04, 2012	referred to governmental employees
Jan 25, 2011	referred to governmental employees

Bill Amendments

Original

A (Active)

co-Sponsors

multi-Sponsors

2011-A3546 - Details

Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9925
2013-2014: A4557

2011-A3546 - Summary

Includes Niagara Frontier Transportation Authority and its police officers and aircraft rescue firefighters in the provisions of the civil service law providing for the resolution of impasses in collective bargaining negotiations by the public employment relations board.

2011-A3546 - Bill Text download pdf

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

                                  3546

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by  M. of A. GABRYSZAK, CASTRO, SCHROEDER -- Multi-Sponsored
  by -- M. of A. MARKEY -- read once and referred to  the  Committee  on
  Governmental Employees

AN  ACT  to  amend  the  civil service law, in relation to resolution of
  disputes which reach an impasse in the course  of  collective  negoti-
  ations  between  the Niagara Frontier transportation authority and its
  police officers and aircraft rescue firefighters

  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  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 department 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 offi-
cers of the division of state police, or  in  regard  to  investigators,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-01-1

A. 3546                             2

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  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
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, OR
IN REGARD TO OFFICERS OR MEMBERS OF AN ORGANIZED  POLICE  FORCE  OF  THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY, as provided in subdivision
four of this section.
  S 2. Subdivision 2 of section 209 of the civil service law, as amended
by section 2 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  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 department of any county, city, except the city  of  New
York,  town,  village or fire or police district, or in regard to organ-
ized 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, OR  IN
REGARD  TO  OFFICERS  OR  MEMBERS  OF  AN  ORGANIZED POLICE FORCE OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, as  provided  in  subdivision
four of this section.
  S  3.  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
AIRCRAFT RESCUE FIREFIGHTERS  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION
AUTHORITY,  officers or members of any organized fire department, or any

A. 3546                             3

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 employ-
ment  of  members  of  any  organized  unit of troopers, commissioned or
noncommissioned officers of the division of state police or  as  to  the
conditions  of  employment  of members of any organized unit of investi-
gators, senior investigators and investigator specialists of  the  divi-
sion of state police, or as to the terms and conditions of employment of
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 pursuant to subdi-
vision 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 organ-
ized 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, OR  IN
REGARD  TO  OFFICERS  OR  MEMBERS  OF  AN  ORGANIZED POLICE FORCE OF THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY,  the  board  shall  render
assistance as follows:
  S  4. Subdivision 4 of section 209 of the civil service law is amended
by adding  a new paragraph (j) to read as follows:
  (J) WITH REGARD TO AIRCRAFT RESCUE FIREFIGHTERS OF THE  NIAGARA  FRON-
TIER  TRANSPORTATION  AUTHORITY  OR  OFFICERS OR MEMBERS OF AN ORGANIZED
POLICE FORCE OF  THE  NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY,  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
HOSPITALIZATION BENEFITS; AND SHALL NOT APPLY TO NON-COMPENSATION 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
PRESCRIBED BY LAW.
  S  5.  This act shall take effect immediately, provided, however, that
the amendments to subdivision 2 of section 209 of the civil service  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of  chapter  485  of
the  laws  of  1990,  as  amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to subdivision 4 of section 209 of  the  civil  service  law,
made  by sections three and four of this act, shall not affect the expi-
ration of such subdivision pursuant to paragraph (d) of such subdivision
and shall be deemed to expire therewith.

co-Sponsors

multi-Sponsors

2011-A3546A (ACTIVE) - Details

Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A9925
2013-2014: A4557

2011-A3546A (ACTIVE) - Summary

2011-A3546A (ACTIVE) - Bill Text download pdf

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

                                 3546--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2011
                               ___________

Introduced  by M. of A. GABRYSZAK, CASTRO -- Multi-Sponsored by -- M. of
  A. MARKEY -- read once and referred to the Committee  on  Governmental
  Employees -- recommitted to the Committee on Governmental Employees in
  accordance  with Assembly Rule 3, sec. 2 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  civil service law, in relation to resolution of
  disputes which reach an impasse in the course  of  collective  negoti-
  ations  between  the Niagara Frontier transportation authority and its
  police officers and aircraft rescue firefighters

  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 64 of subpart B of part C of chapter 62 of  the  laws
of 2011, 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  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 department of any county, city, town, village or fire or
police district, or detective-investigators,  or  rackets  investigators

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07828-02-2

A. 3546--A                          2

employed  in the office of a district attorney of a county, or in regard
to any organized unit of troopers, commissioned or noncommissioned offi-
cers 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 forest ranger captains or  who  are  employed  by  the
state department of corrections and community supervision and are desig-
nated  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 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, OR IN REGARD TO OFFICERS OR MEMBERS OF AN  ORGANIZED
POLICE  FORCE  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY, as
provided in subdivision four of this section.
  S 2. Subdivision 2 of section 209 of the civil service law, as amended
by section 2 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  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 department of any county, city, except the city  of  New
York,  town,  village or fire or police district, or in regard to organ-
ized 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, OR  IN
REGARD  TO  OFFICERS  OR  MEMBERS  OF  AN  ORGANIZED POLICE FORCE OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, as  provided  in  subdivision
four of this section.
  S  3.  The  opening  paragraph  of subdivision 4 of section 209 of the
civil service law, as amended by section 64 of subpart B of  part  C  of
chapter 62 of the laws of 2011, 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

A. 3546--A                          3

organization and a public employer as to the conditions of employment of
AIRCRAFT RESCUE FIREFIGHTERS  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION
AUTHORITY,  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 employ-
ment of members of any  organized  unit  of  troopers,  commissioned  or
noncommissioned  officers  of  the division of state police or as to the
conditions of employment of members of any organized  unit  of  investi-
gators,  senior  investigators and investigator specialists of the divi-
sion of state police, or as to the terms and conditions of employment of
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 corrections and
community supervision 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 as to the conditions of employment of
any organized unit of deputy sheriffs who are engaged directly in crimi-
nal law enforcement activities that aggregate more than fifty per centum
of their service as certified by the county sheriff and are police offi-
cers 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, OR IN
REGARD TO OFFICERS OR MEMBERS  OF  AN  ORGANIZED  POLICE  FORCE  OF  THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY,  the  board  shall  render
assistance as follows:
  S 4. Subdivision 4 of section 209 of the civil service law is  amended
by adding  a new paragraph (j) to read as follows:
  (J)  WITH  REGARD TO AIRCRAFT RESCUE FIREFIGHTERS OF THE NIAGARA FRON-
TIER TRANSPORTATION AUTHORITY OR OFFICERS OR  MEMBERS  OF  AN  ORGANIZED
POLICE  FORCE  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION AUTHORITY, 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
HOSPITALIZATION BENEFITS; AND SHALL NOT APPLY TO NON-COMPENSATION 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
PRESCRIBED BY LAW.
  S 5. This act shall take effect immediately, provided,  however,  that
the  amendments to subdivision 2 of section 209 of the civil service law
made by section one of this act shall be subject to the  expiration  and
reversion of such subdivision pursuant to paragraph (d) of subdivision 4
of  such  section,  when upon such date the provisions of section two of
this act shall take effect; and provided further that the amendments  to
subdivision  4 of section 209 of the civil service law, made by sections
three and four of this act, shall not  affect  the  expiration  of  such
subdivision  pursuant  to paragraph (d) of such subdivision and shall be
deemed to expire therewith.

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Assembly Bill A3546

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Sponsored By

GABRYSZAK

Archive: Last Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Nelson Castro

Mark J.F. Schroeder

multi-Sponsors

Margaret Markey

2011-A3546 - Details

2011-A3546 - Summary

2011-A3546 - Bill Text download pdf

co-Sponsors

Nelson Castro

Mark J.F. Schroeder

multi-Sponsors

Margaret Markey

2011-A3546A (ACTIVE) - Details

2011-A3546A (ACTIVE) - Summary

2011-A3546A (ACTIVE) - Bill Text download pdf

Comments