S T A T E O F N E W Y O R K
________________________________________________________________________
3762
2023-2024 Regular Sessions
I N A S S E M B L Y
February 7, 2023
___________
Introduced by M. of A. PHEFFER AMATO, COLTON -- read once and referred
to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to mandatory arbi-
tration
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, 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, OR (IV) THE NEW YORK STATE
POWER AUTHORITY AND THE PUBLIC EMPLOYEE ORGANIZATION CERTIFIED OR RECOG-
NIZED TO REPRESENT THE EMPLOYEES OF SUCH POWER AUTHORITY, cannot be
effected, or upon the joint request of the TA-public employer, the MTA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07845-01-3
A. 3762 2
public employer (hereinafter jointly referred to as public employer)
[or], the upstate TA-public employer OR THE POWER AUTHORITY-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 quali-
fied, 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 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.