Senate Bill S7563A

2011-2012 Legislative Session

Provides for binding arbitration in negotiations involving certain members of the collective negotiating units designated as security services or security supervisors

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2012	print number 7563a
Jun 12, 2012	amend (t) and recommit to civil service and pensions
Jun 05, 2012	referred to civil service and pensions

Bill Amendments

2011-S7563 - Details

See Assembly Version of this Bill:: A9986
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L

2011-S7563 - Summary

Provides for binding arbitration in negotiations involving parole officers or warrant officers employed by the department of corrections and community supervision by including them as members of the collective negotiating units designated as security services or security supervisors.

2011-S7563 - Sponsor Memo

                                BILL NUMBER:S7563

TITLE OF BILL:
An act
to amend the civil service law, in relation to providing for binding
arbitration in negotiations for certain members of the security services
collective bargaining unit

PURPOSE:
To provide for binding arbitration to warrant and transfer officers
employed by the Division of Parole.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends § 209(2) of the Civil Service Law to
include within its provisions members of the Security Services
collective bargaining unit who hold the title of warrant and transfer
officer.

Section 2 of the bill amends the opening paragraph of § 209(4) of the
Civil Service Law in the same manner.

Section 3 of the bill amends § 209(4) of the civil Service Law to
limit application of binding arbitration to compensatory issues.

Section 4 of the bill provides the effective date.

EXISTING LAW:
Currently, binding arbitration in collective negotiations is available
only to correctional officer members of the security Services
collective bargaining unit.

JUSTIFICATION:
Binding arbitration legislation with respect to compensatory issues
for all members of the Security Services collective bargaining unit
passed the Legislature and became law during the 2001 Legislative
Session. (See Chapter 586 of the Laws of 2001.) During the subsequent
Legislative Session, however, through the enactment of Chapter 220 of
the Laws of 2002, binding arbitration was limited to members of the
bargaining unit who were correctional officers.

Warrant and transfer officer's employed by the Division of Parole are
statutorily defined as peace officers who are charged with the
critical duty of recovering parole violators who have fled the State
of New York. It is the duty of these law enforcement officers to
arrange for the safe return of these parole violators to the State,
regardless of the
location of the absconder and regardless of the level of danger
associated with returning a particular offender. Despite the critical
functions performed by warrant and transfer officers - functions
which are not dissimilar to the functions performed by police
officer's they are not currently afforded the benefits of binding
arbitration. This proposal recognizes this inequity and grants
binding arbitration in collective negotiations to these dedicated
individuals.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7563 - Bill Text download pdf

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

                                  7563

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced  by Sen. NOZZOLIO -- 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 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 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 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
forest ranger captains or who are employed by the  state  department  of
corrections  and community supervision and are designated as peace offi-
cers pursuant to subdivision twenty-five of section 2.10 of the criminal

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

                                                           LBD16105-01-2

S. 7563                             2

procedure law OR WHO ARE WARRANT AND TRANSFER OFFICERS IN THE DEPARTMENT
OF CORRECTIONS AND COMMUNITY SUPERVISION, 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, 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 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
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 corrections and community super-
vision and are designated as  peace  officers  pursuant  to  subdivision
twenty-five  of  section  2.10  of the criminal procedure law OR WHO ARE
WARRANT AND TRANSFER OFFICERS  IN  THE  DEPARTMENT  OF  CORRECTIONS  AND
COMMUNITY SUPERVISION, 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 as to the
conditions of employment of any organized unit of  deputy  sheriffs  who
are  engaged directly in criminal law enforcement activities that aggre-
gate 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 section 64 of subpart B of part C of  chapter
62 of the laws of 2011, 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 offi-
cers, who are forest ranger captains or who are employed  by  the  state
department  of  corrections and community supervision and are designated

S. 7563                             3

as peace officers pursuant to subdivision twenty-five of section 2.10 of
the criminal procedure law OR WHO ARE WARRANT AND TRANSFER  OFFICERS  IN
THE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, or in regard to
members  of the collective negotiating unit designated as the agency law
enforcement services unit who are police officers pursuant  to  subdivi-
sion  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  hospitalization  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 sections one, two and three, respectively of this act shall not
affect the expiration of such subdivisions and shall be deemed to expire
therewith.

2011-S7563A (ACTIVE) - Details

See Assembly Version of this Bill:: A9986
Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L

2011-S7563A (ACTIVE) - Summary

2011-S7563A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7563A

TITLE OF BILL:
An act
to amend the civil service law, in relation to providing for binding
arbitration in negotiations involving certain members of the collective
negotiating units designated as security services or security
supervisors

PURPOSE:
To provide for binding arbitration to warrant and transfer officers
employed by the Division of Parole.

SUMMARY OF PROVISIONS:
Section 1 of the bill amends § 209(2) of the Civil Service Law to
include within its provisions members of the Security Services
collective bargaining unit who hold the title of warrant and transfer
officer.

Section 2 of the bill amends the opening paragraph of § 209(4) of the
Civil Service Law in the same manner.

Section 3 of the bill amends § 209(4) of the civil Service Law to
limit application of binding arbitration to compensatory issues.

Section 4 of the bill provides the effective date.

EXISTING LAW:
Currently, binding arbitration in collective negotiations is available
only to correctional officer members of the security Services
collective bargaining unit.

JUSTIFICATION:
Binding arbitration legislation with respect to compensatory issues
for all members of the Security Services collective bargaining unit
passed the Legislature and became law during the 2001 Legislative
Session. (See Chapter 586 of the Laws of 2001.) During the subsequent
Legislative Session, however, through the enactment of Chapter 220 of
the Laws of 2002, binding arbitration was limited to members of the
bargaining unit who were correctional officers.

Warrant and transfer officer's employed by the Division of Parole are
statutorily defined as peace officers who are charged with the
critical duty of recovering parole violators who have fled the State
of New York. It is the duty of these law enforcement officers to
arrange for the safe return of these parole violators to the State,
regardless of the
location of the absconder and regardless of the level of danger
associated with returning a particular offender. Despite the critical
functions performed by warrant and transfer officers - functions
which are not dissimilar to the functions performed by police
officer's they are not currently afforded the benefits of binding
arbitration. This proposal recognizes this inequity and grants
binding arbitration in collective negotiations to these dedicated
individuals.


LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

2011-S7563A (ACTIVE) - Bill Text download pdf

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

                                 7563--A

                            I N  S E N A T E

                              June 5, 2012
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Civil Service and Pensions
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  civil service law, in relation to providing for
  binding arbitration in negotiations involving certain 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 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 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.

                                                           LBD16105-02-2

S. 7563--A                          2

forest  ranger  captains  or who are employed by the state department of
corrections and community supervision and are designated as peace  offi-
cers pursuant to subdivision TWENTY-THREE OR 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, 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 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
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  corrections  and  community  super-
vision  and  are  designated  as  peace officers pursuant to subdivision
TWENTY-THREE OR twenty-five of section 2.10 of  the  criminal  procedure
law,  or  in regard to members of the collective negotiating unit desig-
nated as the agency law enforcement services unit who are  police  offi-
cers 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 section 64 of subpart B of part C of  chapter
62 of the laws of 2011, 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 offi-
cers, who are forest ranger captains or who are employed  by  the  state
department  of  corrections and community supervision and are designated

S. 7563--A                          3

as peace officers pursuant to subdivision TWENTY-THREE OR 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 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 of this act  shall  not  affect  the
expiration of such subdivisions and shall be deemed to expire therewith.

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Senate Bill S7563A

Sponsored By

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2011-S7563 - Details

2011-S7563 - Summary

2011-S7563 - Sponsor Memo

2011-S7563 - Bill Text download pdf

2011-S7563A (ACTIVE) - Details

2011-S7563A (ACTIVE) - Summary

2011-S7563A (ACTIVE) - Sponsor Memo

2011-S7563A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S7563A

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Sponsored By

Michael F. Nozzolio

Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Actions

Bill Amendments

2011-S7563 - Details

2011-S7563 - Summary

2011-S7563 - Sponsor Memo

2011-S7563 - Bill Text download pdf

2011-S7563A (ACTIVE) - Details

2011-S7563A (ACTIVE) - Summary

2011-S7563A (ACTIVE) - Sponsor Memo

2011-S7563A (ACTIVE) - Bill Text download pdf

Comments