New York Codes, Rules and Regulations (NYCRR)

4 NYCRR 207.6

Department of Civil Service

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Arbitrability

Source version current through Oct 7, 2026

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NYCRR title agency
Department of Civil Service
Section status
Section source receipt
Source version current through
Oct 7, 2026
Text saved
Sep 28, 2026
Related Register notice
PRB-10-26-00001-A · Adopted rule
Related notice published
Jun 3, 2026
Related notice effective date
Jun 3, 2026

New York State Register PRB-10-26-00001-A

Arbitrability

(a)Should either party contest the arbitrability of a grievance, the director of conciliation shall

make no determination whether the grievance is a proper subject for arbitration. The director of

conciliation’s sole responsibility throughout the application of this Part is administrative and,

therefore, commencement of the administration of this Part shall be construed as compliance

with a request.

(b)The board encourages parties to submit arbitrability questions to the arbitrator for

determination. However, should the party served with a demand for arbitration pursue the legal

remedies for a stay of arbitration in accordance with CPLR section 7503, a copy of the

application to stay arbitration shall be filed with the director of conciliation within 20 days of

service of the demand for arbitration.

(c)Upon timely receipt of a copy of the application to stay arbitration, the director of

conciliation shall hold in abeyance the designation of the arbitrator pending final court

determination of the arbitrability question. Absent timely receipt, the administrative

responsibilities of the director of conciliation shall be carried out pursuant to this Part.

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