S T A T E O F N E W Y O R K
________________________________________________________________________
4557
2013-2014 Regular Sessions
I N A S S E M B L Y
February 6, 2013
___________
Introduced by M. of A. GABRYSZAK, CASTRO -- 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 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
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.
LBD08510-01-3
A. 4557 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 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
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. 4557 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 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.