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

                                  5303

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 17, 2015
                               ___________

Introduced by M. of A. ABBATE -- 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

  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 added by chapter 929 of the laws of 1986, 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)  [hereof] 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, cannot be effected, or
upon the joint request of the TA-public employer  [or],  the  MTA-public
employer  (hereinafter  jointly  referred  to as public employer) OR THE
UPSTATE TA-PUBLIC EMPLOYER and any such affected employee  organization,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09087-01-5
              

A. 5303                             2

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  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.
  S  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.