Arbitrability
Compiled text through Jan 31, 2026
Register checked through Jul 29, 2026
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Department of Civil Service
- Text status
- Source receipt
- Compiled text through
- Jan 31, 2026
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Should either party contest the arbitrability of a grievance, the director of conciliation shall not determine 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.