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New York State Correctional Officers & Police Benevolent Association, Inc.

NYSCOPBA represents over 26,000 New York State employees and retirees from the Security Services Unit. Our Union was formed in May 1998 and since that time has provided superior representation to our membership under the independent and democratic model. Our Mission continued...

Bill Text - S07750

S T A T E   O F   N E W   Y O R K
________________________________________________________________________
7750
I N  S E N A T E
April 25, 2006
___________
Introduced  by  Sen.  LITTLE -- 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  providing  for
binding arbitration in negotiations for certain members of the securi-
ty services collective bargaining unit
THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1    Section 1. Subdivision 2 of section 209 of the civil service  law,  as
2  amended  by  section 1 of chapter 737 of the laws of 2005, is amended to
3  read as follows:
4    2. Public employers are hereby empowered to enter into written  agree-
5  ments  with recognized or certified employee organizations setting forth
6  procedures to be invoked in the event of disputes which reach an impasse
7  in the course of collective negotiations. Such  agreements  may  include
8  the  undertaking  by each party to submit unresolved issues to impartial
9  arbitration. In the absence or upon  the  failure  of  such  procedures,
10  public  employers  and  employee  organizations may request the board to
11  render assistance as provided in this section, or the board  may  render
12  such  assistance  on its own motion, as provided in subdivision three of
13  this section, or, in regard to officers or members of any organized fire
14  department, or any unit of the public employer which  previously  was  a
15  part  of an organized fire department whose primary mission includes the
16  prevention and control of aircraft fires, police force or police depart-
17  ment of any county, city, town, village or fire or police  district,  or
18  detective-investigators employed in the office of a district attorney of
19  a county not contained within a city with a population of one million or
20  more,  or  in  regard to any organized unit of troopers, commissioned or
21  noncommissioned officers of the division of state police, or  in  regard
22  to  investigators,  senior investigators and investigator specialists of
23  the division of state police, or in  regard  to  members  of  collective
24  negotiating  units designated as security services and security supervi-
25  sors who are police officers or who are employed by the state department
26  of correctional services and are designated as peace  officers  pursuant
27  to subdivision twenty-five of section 2.10 of the criminal procedure law
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD16293-01-6
S. 7750                             2
1  OR  WHO  ARE  SAFETY  AND  SECURITY OFFICERS WITHIN THE OFFICE OF MENTAL
2  HEALTH, THE OFFICE OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES,
3  OR THE DEPARTMENT OF HEALTH, or in regard to members of  the  collective
4  negotiating  unit designated as the agency law enforcement services unit
5  who are police officers pursuant to subdivision thirty-four  of  section
6  1.20  of  the criminal procedure law, or in regard to organized units of
7  deputy sheriffs who are engaged directly  in  criminal  law  enforcement
8  activities that aggregate more than fifty per centum of their service as
9  certified  by  the  county  sheriff  and are police officers pursuant to
10  subdivision thirty-four of section 1.20 of the criminal procedure law as
11  certified by the municipal police training  council  or  Suffolk  county
12  correction officers, as provided in subdivision four of this section.
13    S  2.  The  opening  paragraph  of subdivision 4 of section 209 of the
14  civil service law, as amended by section 3 of chapter 737 of the laws of
15  2005, is amended to read as follows:
16    On request of either party or upon its  own  motion,  as  provided  in
17  subdivision  two  of this section, and in the event the board determines
18  that an impasse exists in collective negotiations between such  employee
19  organization and a public employer as to the conditions of employment of
20  officers  or members of any organized fire department, or any other unit
21  of the public employer which previously was a part of an organized  fire
22  department  whose primary mission includes the prevention and control of
23  aircraft fires, police force or police department of any  county,  city,
24  town, village or fire or police district, and detective-investigators or
25  criminal  investigators employed in the office of a district attorney of
26  a county not contained within a city with a population of one million or
27  more, or as to the conditions of employment of members of any  organized
28  unit  of troopers, commissioned or noncommissioned officers of the divi-
29  sion of state police or as to the conditions of employment of members of
30  any organized unit of investigators, senior investigators  and  investi-
31  gator  specialists  of  the division of state police, or as to the terms
32  and conditions of employment of members of collective negotiating  units
33  designated as security services and security supervisors, who are police
34  officers  or  who  are  employed by the state department of correctional
35  services and are designated as peace officers  pursuant  to  subdivision
36  twenty-five  of  section  2.10  of the criminal procedure law OR WHO ARE
37  SAFETY AND SECURITY OFFICERS WITHIN THE OFFICE  OF  MENTAL  HEALTH,  THE
38  OFFICE  OF  MENTAL  RETARDATION  AND  DEVELOPMENTAL DISABILITIES, OR THE
39  DEPARTMENT OF HEALTH, or in regard to members of the collective  negoti-
40  ating  unit  designated  as the agency law enforcement services unit who
41  are police officers pursuant to subdivision thirty-four of section  1.20
42  of  the criminal procedure law, or as to the conditions of employment of
43  any organized unit of deputy sheriffs who are engaged directly in crimi-
44  nal law enforcement activities that aggregate more than fifty per centum
45  of their service as certified by the county sheriff and are police offi-
46  cers pursuant to subdivision thirty-four of section 1.20 of the criminal
47  procedure law as certified by the municipal police training  council  or
48  Suffolk county correction officers, the board shall render assistance as
49  follows:
50    S  3.  Paragraph  (f)  of  subdivision  4  of section 209 of the civil
51  service law, as amended by chapter 641 of the laws of 2003,  is  amended
52  to read as follows:
53    (f)  With regard to any members of collective negotiating units desig-
54  nated as security services or security supervisors, who are police offi-
55  cers or who  are  employed  by  the  state  department  of  correctional
56  services  and  are  designated as peace officers pursuant to subdivision
S. 7750                             3
1  twenty-five of section 2.10 of the criminal procedure  law  OR  WHO  ARE
2  SAFETY  AND  SECURITY  OFFICERS  WITHIN THE OFFICE OF MENTAL HEALTH, THE
3  OFFICE OF MENTAL RETARDATION  AND  DEVELOPMENTAL  DISABILITIES,  OR  THE
4  DEPARTMENT  OF HEALTH, or in regard to members of the collective negoti-
5  ating unit designated as the agency law enforcement  services  unit  who
6  are  police officers pursuant to subdivision thirty-four of section 1.20
7  of the criminal procedure law, the provisions of this section shall only
8  apply to the terms of collective bargaining agreements directly relating
9  to compensation,  including,  but  not  limited  to,  salary,  stipends,
10  location pay, insurance, medical and hospitalization benefits; and shall
11  not  apply to non-compensatory issues including, but not limited to, job
12  security, disciplinary procedures and actions, deployment or scheduling,
13  or issues relating to eligibility for overtime compensation which  shall
14  be governed by other provisions proscribed by law.
15    S  4. This act shall take effect immediately; provided that the amend-
16  ments to subdivisions 2 and 4 of section 209 of the  civil  service  law
17  made  by sections one, two and three, respectively of this act shall not
18  affect the expiration of such subdivisions and shall be deemed to expire
19  therewith.
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