Bill Text - S07757
S T A T E O F N E W Y O R K
________________________________________________________________________
7757
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.
LBD16298-01-6
S. 7757 2
1 OR WHO ARE SECURITY HOSPITAL TREATMENT ASSISTANTS IN THE OFFICE OF
2 MENTAL HEALTH, or in regard to members of the collective negotiating
3 unit designated as the agency law enforcement services unit who are
4 police officers pursuant to subdivision thirty-four of section 1.20 of
5 the criminal procedure law, or in regard to organized units of deputy
6 sheriffs who are engaged directly in criminal law enforcement activities
7 that aggregate more than fifty per centum of their service as certified
8 by the county sheriff and are police officers pursuant to subdivision
9 thirty-four of section 1.20 of the criminal procedure law as certified
10 by the municipal police training council or Suffolk county correction
11 officers, as provided in subdivision four of this section.
12 S 2. The opening paragraph of subdivision 4 of section 209 of the
13 civil service law, as amended by section 3 of chapter 737 of the laws of
14 2005, is amended to read as follows:
15 On request of either party or upon its own motion, as provided in
16 subdivision two of this section, and in the event the board determines
17 that an impasse exists in collective negotiations between such employee
18 organization and a public employer as to the conditions of employment of
19 officers or members of any organized fire department, or any other unit
20 of the public employer which previously was a part of an organized fire
21 department whose primary mission includes the prevention and control of
22 aircraft fires, police force or police department of any county, city,
23 town, village or fire or police district, and detective-investigators or
24 criminal investigators employed in the office of a district attorney of
25 a county not contained within a city with a population of one million or
26 more, or as to the conditions of employment of members of any organized
27 unit of troopers, commissioned or noncommissioned officers of the divi-
28 sion of state police or as to the conditions of employment of members of
29 any organized unit of investigators, senior investigators and investi-
30 gator specialists of the division of state police, or as to the terms
31 and conditions of employment of members of collective negotiating units
32 designated as security services and security supervisors, who are police
33 officers or who are employed by the state department of correctional
34 services and are designated as peace officers pursuant to subdivision
35 twenty-five of section 2.10 of the criminal procedure law OR WHO ARE
36 SECURITY HOSPITAL TREATMENT ASSISTANTS IN THE OFFICE OF MENTAL HEALTH,
37 or in regard to members of the collective negotiating unit designated as
38 the agency law enforcement services unit who are police officers pursu-
39 ant to subdivision thirty-four of section 1.20 of the criminal procedure
40 law, or as to the conditions of employment of any organized unit of
41 deputy sheriffs who are engaged directly in criminal law enforcement
42 activities that aggregate more than fifty per centum of their service as
43 certified by the county sheriff and are police officers pursuant to
44 subdivision thirty-four of section 1.20 of the criminal procedure law as
45 certified by the municipal police training council or Suffolk county
46 correction officers, the board shall render assistance as follows:
47 S 3. Paragraph (f) of subdivision 4 of section 209 of the civil
48 service law, as amended by chapter 641 of the laws of 2003, is amended
49 to read as follows:
50 (f) With regard to any members of collective negotiating units desig-
51 nated as security services or security supervisors, who are police offi-
52 cers or who are employed by the state department of correctional
53 services and are designated as peace officers pursuant to subdivision
54 twenty-five of section 2.10 of the criminal procedure law OR WHO ARE
55 SECURITY HOSPITAL TREATMENT ASSISTANTS IN THE OFFICE OF MENTAL HEALTH,
56 or in regard to members of the collective negotiating unit designated as
S. 7757 3
1 the agency law enforcement services unit who are police officers pursu-
2 ant to subdivision thirty-four of section 1.20 of the criminal procedure
3 law, the provisions of this section shall only apply to the terms of
4 collective bargaining agreements directly relating to compensation,
5 including, but not limited to, salary, stipends, location pay, insur-
6 ance, medical and hospitalization benefits; and shall not apply to non-
7 compensatory issues including, but not limited to, job security, disci-
8 plinary procedures and actions, deployment or scheduling, or issues
9 relating to eligibility for overtime compensation which shall be
10 governed by other provisions proscribed by law.
11 S 4. This act shall take effect immediately; provided that the amend-
12 ments to subdivisions 2 and 4 of section 209 of the civil service law
13 made by sections one, two and three, respectively, of this act shall not
14 affect the expiration of such subdivisions and shall be deemed to expire
15 therewith.
