Provides arbitrators with priorities in decisions involving municipal employers

2 Co-sponsors

• William J. Larkin Jr.
• Betty Little

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

New bill.

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.