S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2264
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 16, 2025
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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 amended by chapter 814 of the laws of 2021, 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) of this  paragraph,  which  has  made  an
 election  pursuant  to  paragraph  (f) of this subdivision, or (iii) the
 Niagara Frontier transportation authority, INCLUDING  ITS  SUBSIDIARIES,
 the  Rochester-Genesee regional transportation authority, INCLUDING  ITS
 SUBSIDIARIES, the capital district transportation  authority,  INCLUDING
 ITS    SUBSIDIARIES,  and  the  central New York regional transportation
 authority, INCLUDING  ITS  SUBSIDIARIES, (all hereinafter referred to as
 upstate TA-public employer) and the public employee organization  certi-
 fied  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, the MTA-public employer (hereinafter jointly  referred  to  as
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03569-01-5
              

 S. 2264                             2
 
 public employer) or the 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, desig-
 nate a member associated in interest with the public employer or employ-
 ee organization [he] SUCH MEMBER 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 alter-
 nately 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  desig-
 nated  public  member.  The  public member shall be chosen as [chairman]
 CHAIR.
   § 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.