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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 - 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.
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