Assembly Bill A3762

                             
                     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.