S T A T E O F N E W Y O R K
________________________________________________________________________
7935
2011-2012 Regular Sessions
I N A S S E M B L Y
May 25, 2011
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to resolution of
disputes between a public employer and a bridge and tunnel officer,
sergeant or lieutenant of the Triborough bridge and tunnel authority
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.
LBD11376-01-1
A. 7935 2
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 BRIDGE AND TUNNEL OFFICERS, SERGEANTS OR LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WHO ARE DESIGNATED AS PEACE OFFI-
CERS PURSUANT TO SUBDIVISION TWENTY OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, as provided in subdivision four of this section.
S 2. Subdivision 2 of section 209 of the civil service law, as amended
by 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, except the city of New York, town, village or
fire or police district, or in regard to organized units of deputy sher-
iffs 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 BRIDGE AND
TUNNEL OFFICERS, SERGEANTS OR LIEUTENANTS OF THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY WHO ARE DESIGNATED AS PEACE OFFICERS PURSUANT TO SUBDI-
VISION TWENTY OF SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, as provided
in subdivision four of this section.
S 3. The opening paragraph and 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, are 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
A. 7935 3
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 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 BRIDGE AND TUNNEL OFFICERS, SERGEANTS OR LIEUTENANTS OF THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WHO ARE DESIGNATED AS PEACE OFFI-
CERS PURSUANT TO SUBDIVISION TWENTY OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW, the board shall render assistance 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
as peace officers pursuant to subdivision twenty-five of section 2.10 of
the criminal procedure law OR WHO ARE BRIDGE AND TUNNEL OFFICERS,
SERGEANTS AND LIEUTENANTS OF THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
AND ARE DESIGNATED AS PEACE OFFICERS PURSUANT TO SUBDIVISION TWENTY 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, 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 section three of this act, shall not affect the expiration of
such subdivision and shall be deemed to expire therewith.