What's happening
This bill requires arbitration panels in public employee disputes to prioritize a public employer's existing fiscal capacity to pay, above all other factors.
Why it matters
Shifts Arbitration Priorities. The bill makes a public employer’s existing fiscal capacity—specifically, what it can pay without new or increased taxes—the primary factor in arbitration decisions, reducing the influence of other considerations like comparisons to other contracts or cost of living.
Narrows the Definition of “Ability to Pay”. By defining ability to pay as “existing fiscal capacity,” the law ties arbitration outcomes to current revenues and fiscal health, not potential revenue from raising taxes, which could limit the size of awards to public employees.
Requires Detailed Justification. Arbitration panels must now provide a clear rationale for their decisions, specifically explaining how fiscal capacity was considered, adding transparency and accountability to the process.
Potential Impact on Labor Negotiations. By prioritizing fiscal capacity and requiring panels to consider the effect of awards on negotiations with other employee groups, the bill could limit upward pressure on wages and benefits, potentially affecting recruitment, retention, and labor-management relations in the public sector.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Prioritize Employer Ability To Pay
Plain English, a few words. Used as the page title.
Sponsors
1 Multi-sponsor
History
- Referred to governmental employees
- Referred to governmental employees
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1948
2017-2018 Regular Sessions
IN ASSEMBLY
January 17, 2017
Introduced by M. of A. SCHIMMINGER, PEOPLES-STOKES, ZEBROWSKI, GOODELL -- Multi-Sponsored by -- M. of A. DiPIETRO -- read once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to binding arbitration for certain public employees
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The opening paragraph of subparagraph (v) of paragraph (c) of subdivision 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:
the public arbitration panel shall make a just and reasonable determination of the matters in dispute. In arriving at such determination, the panel shall consider, above all other factors, the financial ability of the public employer to pay. The public employer's ability to pay shall be defined as existing fiscal capacity without resort to either new or increased taxation including, but not limited to, the level of taxation in the political subdivision compared to similar political subdivisions in other areas of the state, the tax base, any evidence of economic decline and any other applicable measures of fiscal distress, or extraordinary reductions in other governmental expenditures. The arbitration panel shall also consider the competing financial obligations of the public employer which may be affected by such determination and specifically the impact of any such determination on ongoing negotiations or successor negotiations with employee organizations representing other employees of the public employer. The arbitration panel shall specify its rationale in the determination, including the consideration of such ability of the public employer to pay without resort to new or increased taxation. The panel shall specify the basis for its findings, taking into secondary consideration, in addition to any other relevant factors, the following:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05810-01-7
A. 1948 2
§ 2. Clause b of subparagraph (v) of paragraph (c) of subdivision 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];
§ 3. This act shall take effect immediately, except that sections one and two of this act shall only apply to disputes referred to a public arbitration panel on or after the effective date of this act, and provided that the amendments to the opening paragraph of subparagraph (v) of paragraph (c) of subdivision 4 of section 209 of the civil service law made by section one of this act and the amendments to clause b of subparagraph (v) of paragraph (c) of subdivision 4 of section 209 of the civil service law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.