Senate Bill S9250

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9250
 
                             I N  S E N A T E
 
                               May 12, 2022
                                ___________
 
 Introduced  by  Sen. KENNEDY -- 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 amended by chapter 814 of the laws of 2021, 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) of this  paragraph,  which  has  made  an
 election  pursuant  to  paragraph  (f) of this subdivision, or (iii) the
 Niagara Frontier transportation authority, INCLUDING  ITS  SUBSIDIARIES,
 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 employ-
 er, cannot be effected, or upon  the  joint  request  of  the  TA-public
 employer,  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15872-01-2
 S. 9250                             2
 
 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, desig-
 nate a member associated in interest with the public employer or employ-
 ee 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.