S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4077
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 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.
              

                                                            LBD07957-01-1

 A. 4077                             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.