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

                                  4746

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             April 15, 2015
                               ___________

Introduced by Sens. FUNKE, AVELLA -- read twice and ordered printed, 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 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

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

S. 4746                             2

UPSTATE  TA-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 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.