S T A T E O F N E W Y O R K
________________________________________________________________________
9419
I N A S S E M B L Y
April 29, 2014
___________
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 in the course of collective negotiations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) 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:
(a) In the event that the board certifies that a voluntary resolution
of the contract negotiations between either (i) the New York city trans-
it authority (hereinafter referred to as TA-public employer) and the
public employee organization certified or recognized to represent the
majority of employees of such TA-public employer, or (ii) the metropol-
itan transportation authority, including its subsidiaries, the New York
city transit authority, including its subsidiary, and the Triborough
bridge and tunnel authority (all hereinafter referred to as MTA-public
employer) and a public employee organization certified or recognized to
represent employees of such MTA-public employer not subject to the
jurisdiction of the Federal Railway Labor Act and not subject to the
provisions of subparagraph (i) [hereof] OF THIS PARAGRAPH, which has
made an election pursuant to paragraph (f) of this subdivision, OR (III)
THE NIAGARA FRONTIER TRANSPORTATION AUTHORITY, THE ROCHESTER-GENESEE
REGIONAL TRANSPORTATION AUTHORITY, THE CAPITAL DISTRICT TRANSPORTATION
AUTHORITY AND THE CENTRAL NEW YORK REGIONAL TRANSPORTATION AUTHORITY
(ALL HEREINAFTER REFERRED TO AS UPSTATE TA-PUBLIC EMPLOYER) AND THE
PUBLIC EMPLOYEE ORGANIZATION CERTIFIED OR RECOGNIZED TO REPRESENT THE
EMPLOYEES OF SUCH UPSTATE TA-PUBLIC EMPLOYER, cannot be effected, or
upon the joint request of the TA-public employer [or], the MTA-public
employer (hereinafter jointly referred to as public employer) OR THE
UPSTATE TA-PUBLIC EMPLOYER and any such affected employee organization,
such board shall refer the dispute to a public arbitration panel,
consisting of one member appointed by the public employer, one member
appointed by the employee organization and one public member appointed
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14879-01-4
A. 9419 2
jointly by the public employer and employee organization who shall be
selected within ten days after receipt by the board of a petition for
creation of the arbitration panel. If either party fails to designate
its member to the public arbitration panel, the board shall promptly,
upon receipt of a request by either party, designate a member associated
in interest with the public employer or employee organization he is to
represent. Each of the respective parties is to bear the cost of its
member appointed or designated to the arbitration panel and each of the
respective parties is to share equally the cost of the public member.
If, within seven days after the mailing date, the parties are unable to
agree upon the one public member, the board shall submit to the parties
a list of qualified, disinterested persons for the selection of the
public member. Each party shall alternately strike from the list one of
the names with the order of striking determined by lot, until the
remaining one person shall be designated as public member. This process
shall be completed within five days of receipt of this list. The parties
shall notify the board of the designated public member. The public
member shall be chosen as chairman.
S 2. This act shall take effect immediately; provided, however, that
the amendments made to paragraph (a) of subdivision 5 of section 209 of
the civil service law by section one of this act shall not affect the
expiration of such subdivision and shall be deemed to expire therewith.