NY State Senate Bill 2009-S3041

Senate Bill S3041

2009-2010 Legislative Session

Includes Niagara Frontier transportation authority and its police officers under provisions for resolution of impasse in collective bargaining negotiations

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Archive: Last Bill Status - In Senate Committee Civil Service And Pensions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to civil service and pensions
Mar 10, 2009	referred to civil service and pensions

co-Sponsors

2009-S3041 (ACTIVE) - Details

Current Committee:: Senate Civil Service And Pensions
Law Section:: Civil Service Law
Laws Affected:: Amd §209, Civ Serv L

2009-S3041 (ACTIVE) - Summary

Includes aircraft rescue firefighters of the Niagara Frontier Transportation Authority in the provisions of the civil service law providing for the resolution of impasses in collective bargaining negotiations by the public employment relations board.

2009-S3041 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3041

 TITLE OF BILL :  An act to amend the civil service law, in relation
to resolution of disputes which reach an impasse in the course of
collective negotiations between the Niagara Frontier transportation
authority and its aircraft rescue firefighters

 PURPOSE :

This bill would include aircraft rescue firefighters employed by the
Niagara Frontier Transportation Authority (NFTA) within the class
eligible for binding arbitration in the event of impasse in contract
negotiations.

 SUMMARY OF PROVISIONS :

This bill would amend Subdivision 2 of Section 209 and opening
paragraph of subdivision 4 of Section 209 of the Civil Service Law to
include aircraft rescue firefighters of the NFTA within the class of
those eligible for binding arbitration in the event of impasse in
collective bargaining negotiations.

 EXISTING LAW :

Current law provides for binding arbitration for members of any
organized fire department of counties, cities, towns and villages.

The law does not apply to fire department and officers employed by
public authorities.

 JUSTIFICATION :

The NFTA Aircraft Rescue Firefighters are engaged in rescue and fire
fighting activities in connection with the NFTA. This can be a
dangerous and high risk activity. The need to ensure labor harmony and
prevent unlawful work stoppages due to a breakdown in the collective
bargaining process demands that binding arbitration be made available
to this agency.

 LEGISLATIVE HISTORY :

2008, S.6681/A.10433, Veto
116
2007, S.793/A.6115, Veto
17.
2006, S.6317/A.9653, Veto
4.
2005, S.2494/ A.3969, Veto
10.
2003-04, S.6075/ A.2540-A, passed Assembly in 2004.
2001-02, S.1910-A/A.2938-A.
2000, S.6349/ A.9425.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately.

2009-S3041 (ACTIVE) - Bill Text download pdf

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

                                  3041

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             March 10, 2009
                               ___________

Introduced  by Sens. VOLKER, STACHOWSKI -- read twice and ordered print-
  ed, 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  which  reach  an impasse in the course of collective negoti-
  ations between the Niagara Frontier transportation authority  and  its
  aircraft rescue firefighters

  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  AIRCRAFT  RESCUE  FIREFIGHTERS  OF  THE
NIAGARA  FRONTIER  TRANSPORTATION  AUTHORITY, 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 department 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 offi-
cers  of  the  division  of state police, or in regard to investigators,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05201-01-9

S. 3041                             2

senior investigators and investigator specialists  of  the  division  of
state  police,  or  in regard to members of collective negotiating units
designated as security 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  nego-
tiating  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 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  county  correction  officers  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  AIRCRAFT RESCUE FIREFIGHTERS OF THE
NIAGARA FRONTIER TRANSPORTATION AUTHORITY, 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 department of any county, city, except the city  of  New
York,  town,  village or fire or police district, or in regard to organ-
ized 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 county correction officers 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
AIRCRAFT RESCUE FIREFIGHTERS  OF  THE  NIAGARA  FRONTIER  TRANSPORTATION
AUTHORITY,  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-

S. 3041                             3

investigators, criminal investigators or rackets investigators  employed
in the office of a district attorney, or as to the conditions of employ-
ment  of  members  of  any  organized  unit of troopers, commissioned or
noncommissioned  officers  of  the division of state police or as to the
conditions of employment of members of any organized  unit  of  investi-
gators,  senior  investigators and investigator specialists of the divi-
sion of state police, or as to the terms and conditions of employment of
members of collective negotiating units designated as security  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 pursuant to subdi-
vision  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  organ-
ized  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  county  correction  officers or Suffolk county park police, the
board shall render assistance as follows:
  S 4. This act shall take effect immediately; provided,  however,  that
the  amendments 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 the amendments to the
opening paragraph of subdivision 4 of section 209 of the  civil  service
law made by section three of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith.

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Senate Bill S3041

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Sponsored By

Dale M. Volker