4 CRR-NY 205.18NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 4. DEPARTMENT OF CIVIL SERVICE
CHAPTER VII. PUBLIC EMPLOYMENT RELATIONS BOARD
PART 205. CONCILIATION
4 CRR-NY 205.18
4 CRR-NY 205.18
205.18 Selection of interest arbitration panel.
(a) Within 10 days after receipt of the petition by the board, each party shall appoint its member to the arbitration panel and the two parties shall jointly appoint the public member. The parties shall immediately notify the board of the identity of the three members of the panel selected by the parties. If a joint petition was filed pursuant to section 205.11 of this Part, the director of conciliation shall forthwith designate such arbitration panel and shall refer the dispute to such panel. If a petition was filed pursuant to section 205.14 of this Part, the director of conciliation shall forthwith designate such 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.
(b) If the parties are unable to agree upon the public member within 10 days, either party may request the director of conciliation to submit a list of qualified persons for selection of the public member. Within seven days after receipt of such request, the director of conciliation shall submit to each party an identical list of nine arbitrators from its panel of arbitrators. A resume and billing disclosure statement of each arbitrator on such list shall be enclosed for the parties' review.
(c) Selection.
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.
(d) Designation.
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.
4 CRR-NY 205.18
Current through July 15, 2022
End of Document

IMPORTANT NOTE REGARDING CONTENT CURRENCY: The "Current through" date indicated immediately above is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Administrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of NYS Rules.