NY Lab L § 702-B (2021)
2021 New York Laws LAB - Labor Article 20 - New York State Labor Relations Act 702-B - Impasse Resolution Procedures for Agricultural Employers and Farm Laborers.

§  702-b. Impasse resolution procedures for agricultural employers and   farm laborers. 1. For purposes of this section, an impasse may be deemed   to exist if the parties fail to  achieve  agreement  by  the  end  of  a   forty-day  period  from  the  date of certification or recognition of an   employee organization or  from  the  expiration  date  of  a  collective   bargaining agreement.2.   Upon  impasse,  agricultural  employers  or  recognized  employee   organizations may request the board to render assistance as provided  in   this section. If the board determines an impasse exists in the course of   collective   negotiations   between   an  agricultural  employer  and  a   recognized employee organization, the board shall  aid  the  parties  in   effecting a voluntary resolution of the dispute.3.  On request of either party, as provided in subdivision two of this   section, and in the event the board determines that an impasse exists in   collective  negotiations  between  such  employee  organization  and  an   agricultural  employer  as  to  the  conditions  of  employment  of farm   laborers, the board shall render assistance as follows:a. to assist the parties to  effect  a  voluntary  resolution  of  the   dispute,  the  board  shall  appoint a mediator from a list of qualified   persons maintained by the board;b. if the mediator is unable to effect settlement of  the  controversy   within  thirty  days  after  his  or  her  appointment, either party may   petition the board to refer the dispute to a neutral arbitrator;c. upon petition of either party, the board shall refer the dispute to   a neutral arbitrator as hereinafter provided;i.  the  neutral  arbitrator  shall  be  appointed  jointly   by   the   agricultural  employer  and  employee organization within ten days after   receipt by the  board  of  a  petition  for  arbitration.  Each  of  the   respective  parties  is  to  share  equally  the  cost  of  the  neutral   arbitrator. If, within seven days after the mailing  date,  the  parties   are  unable to agree upon the neutral arbitrator, the board shall submit   to the parties a  list  of  qualified,  disinterested  persons  for  the   selection  of  a neutral arbitrator. Each party shall alternately strike   from the list one of the names with the order of striking determined  by   lot,  until  the remaining one person shall be designated as the neutral   arbitrator. This process shall be completed within five days of  receipt   of  this  list.  The  parties  shall  notify the board of the designated   neutral arbitrator;ii. the neutral arbitrator shall hold hearings on all matters  related   to  the  dispute. The parties may be heard either in person, by counsel,   or by other representatives, as they  may  respectively  designate.  The   panel may grant more than one adjournment each for each party; provided,   however,  that  a  second  request  of  either  party and any subsequent   adjournments may be granted on request of either  party,  provided  that   the party which requests the adjournment shall pay the arbitrator's fee.   The  parties  may  present,  either  orally  or  in  writing,  or  both,   statements  of  fact,  supporting  witnesses  and  other  evidence,  and   argument  of  their  respective positions with respect to each case. The   arbitrator shall have  authority  to  require  the  production  of  such   additional evidence, either oral or written as she or he may desire from   the parties and shall provide at the request of either party that a full   and  complete  record  be  kept  of  any such hearings, the cost of such   record to be borne by the requesting party. If such record  is  created,   it  shall be shared with both parties regardless of which party paid for   it;iii. the arbitrator shall make a just and reasonable determination  of   the   matters  in  dispute.  In  arriving  at  such  determination,  the   arbitrator shall specify the basis for her or his findings, taking  into    consideration,  in  addition to any factors stipulated by the parties or   any other relevant factors, the following:A.  comparison of the wages, hours and conditions of employment of the   employees involved in the arbitration proceeding with the wages,  hours,   and  conditions  of  employment  of  other  employees performing similar   services or requiring similar skills under  similar  working  conditions   and  with  other  employees  generally  in  agricultural  employment  in   comparable communities;B. the interests and welfare of the farm laborers  and  the  financial   ability of the agricultural employer to pay;C.   comparison   of  peculiarities  in  regard  to  other  trades  or   professions, including specifically, (i)  hazards  of  employment;  (ii)   physical  qualifications;  (iii) educational qualifications; (iv) mental   qualifications; (v) job training and skills;D. the terms of collective agreements negotiated between  the  parties   in the past providing for compensation and fringe benefits; andE. the impact on the food supply and commodity pricing.iv.  the  determination  of  the neutral arbitrator shall be final and   binding upon the parties for the period prescribed  by  the  arbitrator,   but  in no event shall such period exceed two years from the date of the   arbitrator's determination;v. the determination of the public arbitration panel shall be  subject   to  review by a court of competent jurisdiction in the manner prescribed   by law.