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Assembly Bill A8872

2011-2012 Legislative Session

Relates to arbitration decisions and judicial review of orders of the public employment relations board in labor matters

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Archive: Last Bill Status - In Assembly Committee

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2011-A8872 (ACTIVE) - Details

Current Committee:
Assembly Governmental Employees
Law Section:
Civil Service Law
Laws Affected:
Amd ยงยง209 & 213, Civ Serv L

2011-A8872 (ACTIVE) - Summary

Relates to arbitration decisions and judicial review of orders of the public employment relations board in labor matters; provides that arbitration decisions must be made within thirty days; gives calendar preference to proceedings to enforce or review an order of the board in all courts; requires reviewing courts of such proceedings to submit decisions within thirty days of conclusion of proof therein.

2011-A8872 (ACTIVE) - Bill Text download pdf 

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

                                  8872

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 4, 2012
                               ___________

Introduced by M. of A. CASTELLI -- read once and referred to the Commit-
  tee on Governmental Employees

AN  ACT to amend the civil service law, in relation to arbitration deci-
  sions and judicial review of orders of the public employment relations
  board in labor matters

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. The opening paragraph of subparagraph (v) of paragraph (c)
of subdivision 4 of section 209 of the civil service law, as amended  by
chapter 216 of the laws of 1977, is amended to read as follows:
  the public arbitration panel shall make a just and reasonable determi-
nation of the matters in dispute WITHIN THIRTY DAYS OF THE CONCLUSION OF
ALL HEARINGS AND SUBMISSION OF ALL EVIDENCE.  In arriving at such deter-
mination,  the  panel  shall  specify the basis for its findings, taking
into consideration, in addition  to  any  other  relevant  factors,  the
following:
  S  2.  The  opening  paragraph  of  paragraph  (d) 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:
  Such  panel  shall make a just and reasonable determination of matters
in dispute WITHIN THIRTY DAYS OF THE  CONCLUSION  OF  ALL  HEARINGS  AND
SUBMISSION  OF  ALL  EVIDENCE.    In arriving at such determination, the
panel shall specify the basis for its findings,  taking  into  consider-
ation, in addition to any other relevant factors, the following:
  S  3.  Section 213 of the civil service law is amended by adding a new
subdivision (f) to read as follows:
  (F) A PROCEEDING TO ENFORCE OR REVIEW AN ORDER OF THE BOARD SHALL HAVE
PREFERENCE OVER ALL OTHER CIVIL CAUSES IN ALL  COURTS,  EXCEPT  ELECTION
CAUSES,  AND  SHALL  BE  HEARD AND DETERMINED IN PREFERENCE TO ALL OTHER
CIVIL BUSINESS PENDING THEREIN, EXCEPT ELECTION MATTERS, IRRESPECTIVE OF
POSITION ON THE CALENDAR. APPEALS TAKEN TO THE COURT OF APPEALS  OF  THE
STATE OF NEW YORK SHALL BE SUBJECT TO THE SAME PREFERENCE. A DECISION IN
SUCH  A  PROCEEDING  TO ENFORCE OR REVIEW AN ORDER OF THE BOARD SHALL BE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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