Title 4 Part 205

In the event that a public employer and a certified or recognized employee organization have failed to achieve an agreement, either the public employer or the employee organization may notify the board in writing of the existence of an impasse by filing a declaration of impasse. An original and one copy of the declaration shall be filed with the director of conciliation, and another shall be served upon all other parties to the negotiations. Such declaration shall specify:

Upon receipt of the declaration of impasse, the director of conciliation shall determine its sufficiency, and thereafter may appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. Nothing herein shall preclude an impasse from being deemed to exist on motion of the director of conciliation or the board.

Except for those disputes that are eligible for compulsory public interest arbitration pursuant to sections 209.4 or 209.5 of the act, should the mediation process not achieve an agreement, either party to the negotiations may file with the director of conciliation an original and one copy of a request for appointment of a fact finder. The request for fact-finding shall specify:

Upon receipt of the request for fact-finding, the director of conciliation shall determine its sufficiency, and thereafter may make an assignment from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse.

Nothing herein shall preclude fact-finding from being deemed appropriate on motion of the director of conciliation or the board.

The following relates to impasses in collective negotiations between a public employer and a recognized or certified employee organization as to the conditions of employment of employees covered by the provisions of section 209.4 of the act.

An original and three copies of a petition requesting the director of conciliation to refer an impasse to a public arbitration panel may be filed by an employee organization or public employer after 15 days have elapsed following appointment of a mediator to such impasse by the director of conciliation. A copy of the petition shall also be served upon the other party to the impasse simultaneously. Should the chairperson authorize electronic filing of the petition, the filing of a signed paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained.

Such petition shall contain the following:

Proposed contract language presented during negotiations must be attached.

A response shall be filed in the same manner as was the petition within 10 working days of receipt of the petition requesting arbitration. A copy of the response shall also be served simultaneously upon the petitioning party.

Such response shall contain respondent's position specifying the terms and conditions of employment that were resolved by agreement, and as to those that were not agreed upon, respondent shall set forth its position. Proposed contract language presented during negotiations shall be included. If the respondent has filed an improper practice charge or a declaratory ruling petition related to compulsory interest arbitration under section 205.6 of this Part, the response shall contain a reference to such charge or petition. The response must include the name, address, telephone number, fax number and electronic mail address if any, of the individual that the respondent is appointing to the public arbitration panel, the same information for the individual who will be representing the respondent in the interest arbitration, and proof of service upon the petitioning party.

A petitioner filing an objection to arbitrability under section 205.6(b) of this Part must file a cross-response notifying the director of conciliation of such filing. Such cross-response shall be filed within 10 working days of receipt of the response.

Objections to the arbitrability of any matter set forth in the petition or response may only be raised by the filing of an improper practice charge or a declaratory ruling petition pursuant to the requirements of this section. Objections as to arbitrability may include, but not be limited to, the following circumstances:

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as being violative of section 209-a.1(d) or section 209-a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded expedited treatment. If filed by the respondent, such a charge may not be filed after the date of the filing of the response filed in accordance with section 205.5 of this Part; if filed by the petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or response was received.

Within 10 working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified public member they have mutually agreed upon, or, if unable to agree, shall be required to meet and make their selection in the following manner: Each party shall alternately strike from the list one of the names with the order of striking determined by lot until one person remains, who shall be designated as the public member. If either party so desires, a representative of the board will be present during the name- striking process. The name-striking process must be completed within five days of receipt of the list from the director of conciliation. The director of conciliation must be immediately notified of the person selected as the public member. Upon the failure of one party to participate in the selection process, all names on the list shall be deemed acceptable to it, and the other party will be entitled to have its selection designated as the public member.

Upon notification of the identity of the public member of the panel, the director of conciliation shall immediately designate such public member, along with the individuals named by the parties in sections 205.4(b)(5) and 205.5(b) of this Part, as the public arbitration panel and refer the dispute to such panel.

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

The determination and award of the arbitration panel shall be in writing, signed and acknowledged by each member of the arbitration panel, and shall be delivered to the parties either personally or by registered or certified mail, return receipt requested. Within five working days of rendering the determination and award, the arbitration panel shall file two copies of the determination and award with the director of conciliation.

Sections 205.11 through 205.20 of this Part relate to impasses in collective negotiations between the New York City Transit Authority and Metropolitan Transportation Authority and their subsidiaries and recognized or certified employee organizations covered by the provisions of section 209.5 of the act.

In the event the covered parties have failed to achieve an agreement, either party may notify the director of conciliation of the existence of an impasse. Such notice shall be filed with the director of conciliation in accordance with the provisions of section 205.1 of this Part.

Upon receipt of the notification of impasse, the director of conciliation shall appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of their collective negotiations.

An original and three copies of a response shall be filed within 10 working days after receipt of the petition requesting arbitration. A copy of the response shall be simultaneously served, by the same means as the petition was served, on the petitioning party.

Such response shall contain respondent's position specifying the terms and conditions of employment that were resolved by agreement, and as to those that were not agreed upon, respondent shall set forth its position. Proposed contract language presented during negotiations shall be included. If the respondent has filed an improper practice charge or a declaratory ruling petition relating to the petition for interest arbitration, the response shall contain a reference to such charge or petition. The response must include the name, address, telephone number, fax number and electronic mail address if any, of the individual that the respondent is appointing to the public arbitration panel, the same information for the individual who will be representing the respondent in the interest arbitration, and proof of service upon the petitioning party.

A petitioner filing an objection to arbitrability under section 205.17(b) of this Part must file a cross-response notifying the director of conciliation of such filing. Such cross-response shall be filed within 10 working days of receipt of the response.

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as being violative of section 209-a.1(d) or section 209-a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded expedited treatment. If filed by the respondent, such a charge may not be filed after the date of the filing of the response filed in accordance with section 205.16 of this Part; if filed by the petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or response was received.

The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as not being within the scope of mandatory negotiations by filing a declaratory ruling petition pursuant to Part 210 of this Chapter. If filed by the respondent, such a petition may not be filed after the date of the filing of the response filed in accordance with section 205.16 of this Part; if filed by the petitioner, such a petition may not be filed after the date of the filing of the cross-response filed in accordance with section 205.5(c) of this Part.

Within 10 working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified public member they have mutually agreed upon, or, if unable to agree, shall be required to meet and make their selection in the following manner: Each party shall alternately strike from the list one of the names with the order of striking determined by lot until one person remains, who shall be designated as the public member. If either party so desires, a respesentative of the board will be present during the name- striking process. The name-striking process must be completed within five days of receipt of the list from the director of conciliation. The parties shall immediately notify the director of conciliation of the identity of the person selected as the public member. Upon the failure of one party to participate in the selection process, all names on the list shall be deemed acceptable to it and the other party will be entitled to have its selection designated as the public member.

If a joint petition was filed pursuant to section 205.11 of this Part, upon notification of the identity of the public member of the panel, the director of conciliation shall forthwith designate such public member, along with the individuals named by the parties in section 205.11(b)(5) of this Part, as the public arbitration panel and shall refer the dispute to such panel. If a petition was filed pursuant to section 205.14 of this Part, upon notification of the identity of the public member of the panel, the director of conciliation shall forthwith designate such public member, along with the individuals named by the parties in sections 205.14(b)(5) and 205.16(b) of this Part, as the public arbitration panel and shall refer the dispute to such panel upon the board's certification that a voluntary resolution of the contract negotiations between the parties cannot be effected.

The conduct of the arbitration proceedings shall be under the exclusive jurisdiction and control of the arbitration panel. The conduct of the arbitration panel shall conform to applicable law.

The determination and award of the arbitration panel shall be in writing, signed and acknowledged by each member of the arbitration panel and shall be delivered to the parties either personally or by registered or certified mail, return receipt requested. Within five working days of rendering the determination and award, the arbitration panel shall file two copies of the determination and award with the director of conciliation.