Requires subsidiaries of certain transportation authorities and their employees to submit all unresolvable contract negotiations to binding arbitration.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5495A
SPONSOR: Pheffer Amato TITLE OF BILL:
An act to amend the civil service law, in relation to resolution of
disputes in the course of collective negotiations
PURPOSE:
Requires subsidiaries of the Niagara Frontier transportation authority
and their employees to submit all unresolvable contract negotiations to
binding arbitration.
SUMMARY OF PROVISIONS:
Section one amends paragraph a of subdivision 5 of section 209 of the
civil service law, by adding subsidiaries of the NFTA.
Section two sets the effective date.
JUSTIFICATION:
In 2021, the legislature passed and Governor signed a law allowing.
Upstate transit systems be subject to binding arbitration with its
employees. This bill makes a technical correction by adding subsidiaries
of the NFTA, as the authority has different subsidiaries with different
labor organizations in each one.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATION :
To be determined.
EFFECTIVE DATE:
Immediately.
STATE OF NEW YORK
________________________________________________________________________
5495--A
2023-2024 Regular Sessions
IN ASSEMBLY
March 13, 2023
___________
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the
Committee on Governmental Employees -- recommitted to the Committee on
Governmental Employees in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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:
1 Section 1. Paragraph (a) of subdivision 5 of section 209 of the civil
2 service law, as amended by chapter 814 of the laws of 2021, is amended
3 to read as follows:
4 (a) In the event that the board certifies that a voluntary resolution
5 of the contract negotiations between either (i) the New York city trans-
6 it authority (hereinafter referred to as TA-public employer) and the
7 public employee organization certified or recognized to represent the
8 majority of employees of such TA-public employer, or (ii) the metropol-
9 itan transportation authority, including its subsidiaries, the New York
10 city transit authority, including its subsidiary, and the Triborough
11 bridge and tunnel authority (all hereinafter referred to as MTA-public
12 employer) and a public employee organization certified or recognized to
13 represent employees of such MTA-public employer not subject to the
14 jurisdiction of the Federal Railway Labor Act and not subject to the
15 provisions of subparagraph (i) of this paragraph, which has made an
16 election pursuant to paragraph (f) of this subdivision, or (iii) the
17 Niagara Frontier transportation authority, including its subsidiaries,
18 the Rochester-Genesee regional transportation authority, including its
19 subsidiaries, the capital district transportation authority, including
20 its subsidiaries, and the central New York regional transportation
21 authority, including its subsidiaries, (all hereinafter referred to as
22 upstate TA-public employer) and the public employee organization certi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10120-02-4
A. 5495--A 2
1 fied or recognized to represent the employees of such upstate TA-public
2 employer, cannot be effected, or upon the joint request of the TA-public
3 employer, the MTA-public employer (hereinafter jointly referred to as
4 public employer) or the upstate TA-public employer and any such affected
5 employee organization, such board shall refer the dispute to a public
6 arbitration panel, consisting of one member appointed by the public
7 employer, one member appointed by the employee organization and one
8 public member appointed jointly by the public employer and employee
9 organization who shall be selected within ten days after receipt by the
10 board of a petition for creation of the arbitration panel. If either
11 party fails to designate its member to the public arbitration panel, the
12 board shall promptly, upon receipt of a request by either party, desig-
13 nate a member associated in interest with the public employer or employ-
14 ee organization he is to represent. Each of the respective parties is to
15 bear the cost of its member appointed or designated to the arbitration
16 panel and each of the respective parties is to share equally the cost of
17 the public member. If, within seven days after the mailing date, the
18 parties are unable to agree upon the one public member, the board shall
19 submit to the parties a list of qualified, disinterested persons for the
20 selection of the public member. Each party shall alternately strike from
21 the list one of the names with the order of striking determined by lot,
22 until the remaining one person shall be designated as public member.
23 This process shall be completed within five days of receipt of this
24 list. The parties shall notify the board of the designated public
25 member. The public member shall be chosen as chairman.
26 § 2. This act shall take effect immediately; provided, however, that
27 the amendments to paragraph (a) of subdivision 5 of section 209 of the
28 civil service law made by section one of this act shall not affect the
29 expiration of such subdivision and shall be deemed to expire therewith.
