S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1165
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 Introduced  by  Sen.  FUNKE  -- 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
 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.
              

                                                            LBD07047-01-9

 S. 1165                             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.
   §  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.