Senate Bill S5737

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5737
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 14, 2019
                                ___________
 
 Introduced  by  Sens.  KENNEDY, FUNKE -- read twice and ordered printed,
   and when printed to be committed to the Committee on Civil Service and
   Pensions
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07047-01-9

 S. 5737                             2
 
 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
 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.