Assembly Bill A9074

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9074
 
                           I N  A S S E M B L Y
 
                             January 15, 2020
                                ___________
 
 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.
                                                            LBD07047-02-0

 A. 9074                             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.
   § 2. This act shall take effect immediately; provided,  however,  that
 the  amendments  to paragraph (a) of subdivision 5 of section 209 of the
 civil service law made by section one of this act shall not  affect  the
 expiration of such subdivision and shall be deemed to expire therewith.