Provides arbitrators with priorities in decisions involving municipal employers.
TITLE OF BILL: An act to amend the civil service law, in relation to an arbitrator's priorities in issuing a decision involving a public employer
PURPOSE: This bill requires a public arbitration panel to which a dispute is referred to consider additional factors in making a determination.
SUMMARY OF SPECIFIC PROVISIONS: Section 1- Amends clause b of subparagraph v) of paragraph (c) of subdivision 4 of § 209 of the Civil Service Law as amended by Chapter 216 of the Laws of 1977.
Section 2 - Effective date.
CURRENT LAW: Civil Service Law § 209, as amended, provides that public employers are subject to binding arbitration proceedings before the Public Employees Relations Board (PERB) when negotiating with certain public employee groups. Civil Service Law § 209 (4) provides that a PERB binding arbitration panel shall consider the financial ability of a municipal employer to pay, but does not require any consideration as to the affect an award will make on the residents and community. This bill adds important issues that should be considered, including how the award will affect the employers ability to maintain existing programs and initiate new ones, how the award will affect property taxes and the impact of the award on all income sectors of taxpayers within the community. Public contracts are not just a concern of employees and employers - they affect the lives and wallets of every resident. It is important that arbitrators consider this reality.
JUSTIFICATION: Currently, while Civil Service Law § 209 requires a PERB binding arbitration panel to consider the ability of a public employer to pay an award, there is no requirement to consider the needs of the residents and community. Without this provision, PERB panels are free to inadvertently establish contract settlements at levels that can be unaffordable or result in significant tax increases or program reductions for the residents of a community. This bill will rectify this situation.
FISCAL IMPLICATIONS: None.
LEGISLATIVE HISTORY: 2009-10: S.3521 -- CIVIL SERVICE & PENSIONS
EFFECTIVE DATE: This act shall take effect immediately, provided however that the amendments to subdivision 4 of section 209 of the
civil service law made by section one of the act shall expire on the same date as such subdivision expires.
STATE OF NEW YORK ________________________________________________________________________ 2493 2011-2012 Regular Sessions IN SENATE January 24, 2011 ___________Introduced by Sens. RANZENHOFER, LARKIN -- read twice and ordered print- ed, 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 an arbitrator's priorities in issuing a decision involving a public employer THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Clause b of subparagraph (v) of paragraph (c) of subdivi- sion 4 of section 209 of the civil service law, as amended by chapter 216 of the laws of 1977, is amended to read as follows: b. the interests and welfare of the public and the financial ability of the public employer to pay INCLUDING CONSIDERATION OF OTHER DEMANDS ON THE FINANCIAL CAPABILITY OF THE PUBLIC EMPLOYER, THE IMPACT ON THE RESIDENTS AND TAXPAYERS OF SUCH GOVERNMENTAL ENTITY, HOW THE AWARD WILL AFFECT THE EMPLOYER'S ABILITY TO MAINTAIN EXISTING PROGRAMS AND INITIATE NEW ONES, AND IF AN AWARD WILL AFFECT PROPERTY TAXES, THE IMPACT ON EACH INCOME SECTOR OF TAXPAYERS WITHIN SUCH GOVERNMENTAL ENTITY'S BOUNDARIES; S 2. This act shall take effect immediately, provided, however, that the amendments to subdivision 4 of section 209 of the civil service law made by section one of this act shall expire on the same date as such subdivision expires.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02578-01-1