S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4063

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. SWEENEY, FIELDS, SCHROEDER -- Multi-Sponsored by
  -- M. of A. JAFFEE, PHEFFER -- 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 for organized units
  of county correction officers and deputy sheriff-jailers

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 2 of section 209 of the civil service law, as
amended by section 1 of chapter 234 of the laws of 2008, is  amended  to
read as follows:
  2.  Public employers are hereby empowered to enter into written agree-
ments with recognized or certified employee organizations setting  forth
procedures to be invoked in the event of disputes which reach an impasse
in  the  course  of collective negotiations. Such agreements may include
the undertaking by each party to submit unresolved issues  to  impartial
arbitration.  In  the  absence  or  upon the failure of such procedures,
public employers and employee organizations may  request  the  board  to
render  assistance  as provided in this section, or the board may render
such assistance on its own motion, as provided in subdivision  three  of
this section, or, in regard to officers or members of any organized fire
department,  or  any  unit of the public employer which previously was a
part of an organized fire department whose primary mission includes  the
prevention and control of aircraft fires, police force or police depart-
ment  of  any county, city, town, village or fire or police district, or
detective-investigators, or rackets investigators employed in the office
of a district attorney of a county, or in regard to any  organized  unit
of troopers, commissioned or noncommissioned officers of the division of
state  police,  or  in regard to investigators, senior investigators and
investigator specialists of the division of state police, or  in  regard
to  members  of  collective  negotiating  units  designated  as security

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03317-01-9
              

A. 4063                             2

services and security supervisors  who  are  police  officers,  who  are
forest  ranger  captains  or who are employed by the state department of
correctional services and are designated as peace officers  pursuant  to
subdivision  twenty-five  of section 2.10 of the criminal procedure law,
or in regard to members of the collective negotiating unit designated as
the agency law enforcement services unit who are police officers  pursu-
ant to subdivision thirty-four of section 1.20 of the criminal procedure
law or who are forest rangers, or in regard to organized units of deputy
sheriffs who are engaged directly in criminal law enforcement activities
that  aggregate more than fifty per centum of their service as certified
by the county sheriff and are police officers  pursuant  to  subdivision
thirty-four  of  section 1.20 of the criminal procedure law as certified
by the municipal police training council or [Suffolk] ORGANIZED UNITS OF
county correction officers AND DEPUTY SHERIFF-JAILERS or Suffolk  county
park police, as provided in subdivision four of this section.
  S 2. Subdivision 2 of section 209 of the civil service law, as amended
by  section  2 of chapter 234 of the laws of 2008, is amended to read as
follows:
  2. Public employers are hereby empowered to enter into written  agree-
ments  with recognized or certified employee organizations setting forth
procedures to be invoked in the event of disputes which reach an impasse
in the course of collective negotiations. Such  agreements  may  include
the  undertaking  by each party to submit unresolved issues to impartial
arbitration. In the absence or upon  the  failure  of  such  procedures,
public  employers  and  employee  organizations may request the board to
render assistance as provided in this section, or the board  may  render
such  assistance  on its own motion, as provided in subdivision three of
this section, or, in regard to officers or members of any organized fire
department, or any unit of the public employer which  previously  was  a
part  of an organized fire department whose primary mission includes the
prevention and control of aircraft fires, police force or police depart-
ment of any county, city, except the city of New York, town, village  or
fire or police district, or in regard to organized units of deputy sher-
iffs  who  are  engaged  directly in criminal law enforcement activities
that aggregate more than fifty per centum of their service as  certified
by  the  county  sheriff and are police officers pursuant to subdivision
thirty-four of section 1.20 of the criminal procedure law  as  certified
by the municipal police training council or [Suffolk] ORGANIZED UNITS OF
county  correction officers AND DEPUTY SHERIFF-JAILERS or Suffolk county
park police, as provided in subdivision four of this section.
  S 3. The opening paragraph of subdivision 4  of  section  209  of  the
civil  service  law,  as  amended by chapter 234 of the laws of 2008, is
amended to read as follows:
  On request of either party or upon its  own  motion,  as  provided  in
subdivision  two  of this section, and in the event the board determines
that an impasse exists in collective negotiations between such  employee
organization and a public employer as to the conditions of employment of
officers  or members of any organized fire department, or any other unit
of the public employer which previously was a part of an organized  fire
department  whose primary mission includes the prevention and control of
aircraft fires, police force or police department of any  county,  city,
town,  village  or fire or police district, and detective-investigators,
criminal investigators or rackets investigators employed in  the  office
of a district attorney, or as to the conditions of employment of members
of any organized unit of troopers, commissioned or noncommissioned offi-
cers  of the division of state police or as to the conditions of employ-

A. 4063                             3

ment of members of any organized unit of investigators, senior  investi-
gators  and investigator specialists of the division of state police, or
as to the terms and conditions of employment of  members  of  collective
negotiating  units designated as security services and security supervi-
sors, who are police officers, who are forest ranger captains or who are
employed by the state department of correctional services and are desig-
nated as peace officers pursuant to subdivision twenty-five  of  section
2.10  of  the  criminal  procedure  law,  or in regard to members of the
collective negotiating unit designated as  the  agency  law  enforcement
services  unit  who  are police officers pursuant to subdivision thirty-
four of section 1.20 of the criminal procedure law  or  who  are  forest
rangers,  or as to the conditions of employment of any organized unit of
deputy sheriffs who are engaged directly  in  criminal  law  enforcement
activities that aggregate more than fifty per centum of their service as
certified  by  the  county  sheriff  and are police officers pursuant to
subdivision thirty-four of section 1.20 of the criminal procedure law as
certified by the municipal police training council or  [Suffolk]  ORGAN-
IZED  UNITS  OF county correction officers AND DEPUTY SHERIFF-JAILERS or
Suffolk county  park  police,  the  board  shall  render  assistance  as
follows:
  S  4.  Paragraph  (h)  of  subdivision  4  of section 209 of the civil
service law, as added by chapter 737 of the laws of 2005, is amended  to
read as follows:
  (h)  With  regard to [Suffolk] MEMBERS OF ANY ORGANIZED UNIT OF county
correction officers AND DEPUTY SHERIFF-JAILERS the  provisions  of  this
section  shall  not  apply to issues relating to disciplinary procedures
and investigations or eligibility and assignment to  details  and  posi-
tions, which shall be governed by other provisions prescribed by law.
  S  5.  This act shall take effect immediately, provided, however, that
the amendment to subdivision 2 of section 209 of the civil  service  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 3 of  chapter  485  of
the  laws  of  1990,  as  amended, when upon such date the provisions of
section two of this act shall take effect; and provided further that the
amendments to subdivision 4 of section 209 of  the  civil  service  law,
made  by  sections  three and four of this act, shall expire on the same
date as such subdivision expires.