NY Lab L § 716 (2021)
2021 New York Laws LAB - Labor Article 20 - New York State Labor Relations Act 716 - Grievances and Disputes in Non-Profitmaking Hospitals and Residential Care Centers.

§  716.  Grievances  and  disputes  in  non-profitmaking hospitals and residential care centers. 1. As used in this section  "grievance"  means any   controversy   or   claim   arising  out  of  or  relating  to  the interpretation, application or breach of the provisions of  an  existing collective  bargaining contract. As used in this section "dispute" means all other controversies, claims or disputes between the employees  of  a non-profitmaking   hospital   or   residential  care  center,  or  their representatives, and such hospital or residential care center concerning wages, hours, union  security,  seniority  or  other  economic  matters, including, but not limited to, controversies, claims or disputes arising in the course of negotiating, fixing, maintaining, changing or arranging such terms or conditions.   2.  Every  collective  bargaining  contract between the employees of a non-profitmaking  hospital  or  residential  care   center,   or   their representatives, and such hospital or residential care center which does not  contain  provisions  for  the  final  and  binding determination of grievances shall be deemed to include provision for  the  submission  of such  grievances,  upon  the request of either or both parties, to final and binding arbitration pursuant to such rules  as  may  be  established from time to time by the board.   3.  Every  collective  bargaining  contract between the employees of a non-profitmaking  hospital  or  residential  care   center,   or   their representatives, and such hospital or residential care center which does not  contain  provisions  for  the  final  and  binding determination of disputes shall be deemed to include provisions for:  (a) the appointment of a fact-finding commission by the board upon the request of both parties to the dispute, or by the commissioner upon  his own  motion  and  upon  certification  by such board that in its opinion efforts to effect a  voluntary  settlement  of  the  dispute  have  been unsuccessful.  Such fact-finding commission shall have all of the powers and  duties,  including  the  power  to  make  recommendations  for  the settlement  of  the  dispute,  as  are  vested  in a board of inquiry by article twenty-two of this chapter; and  (b) the submission of the dispute to final  and  binding  arbitration, pursuant  to  such  rules as may be established from time to time by the board, by such board upon the request of both parties to the dispute, or by the commissioner upon his own motion and upon certification  by  such board  that  in  its opinion efforts to effect a voluntary settlement of the dispute have been unsuccessful.  The commissioner or the  board  may submit  a  dispute  to  final  and  binding arbitration pursuant to this paragraph without first  submitting  it  to  a  fact-finding  commission pursuant to the preceding paragraph of this subdivision.   4.  In  the  absence  of  a collective bargaining contract between the employees of a non-profitmaking hospital or residential care center,  or their representatives, and such hospital or residential care center, the board  and  the  commissioner may, in the manner and upon the conditions provided in subdivision three of  this  section,  exercise  all  of  the powers  vested  in  them  by  the provisions of such subdivision of such section.   5. Nothing in this section shall be deemed to affect, impair or  alter any   collective   bargaining   contract  between  the  employees  of  a non-profitmaking  hospital  or  residential  care   center,   or   their representatives,  and such hospital or residential care center which was executed prior to July first, nineteen hundred sixty-three,  during  the term of such contract.   6.  (a)  A  petition under section seven hundred seven of this article involving a non-profitmaking hospital or residential care  center  shall be  filed  directly  with the appellate division of the supreme court in  the department embracing the specified supreme court, and shall be heard upon the certified transcript of the record in the proceeding before the board, without requirement of printing.  Such petition shall be heard in a summary manner and have precedence over all other cases in such court. An  appeal  may  be taken to the court of appeals in the same manner and subject to the same limitations not  inconsistent  herewith  as  is  now provided  in  the civil practice law and rules and a preference shall be granted in the hearing thereof on motion of any party thereto.  (b)  An  application  to  confirm,  modify,  correct  or   vacate   an arbitration  award  made  pursuant  to the procedure established by this section shall be made in  accordance  with  the  provisions  of  article seventy-five  of the civil practice law and rules, and the provisions of paragraph (a)  of  this  subdivision  pertaining  to  a  petition  filed thereunder shall apply to an application filed hereunder.  (c)  The supreme court shall have jurisdiction, upon such notice as it deems appropriate, to restrain or enjoin any violation of the provisions of this section or section seven hundred  thirteen  and  to  grant  such other  and  further  equitable  relief  as  may  be  appropriate.    The provisions of section eight hundred seven  of  this  chapter  shall  not apply  to an action or proceeding instituted pursuant to this section or section seven hundred thirteen.   7. The fact-finders and arbitrators appointed pursuant to  subdivision three  of  this section may consider the following standards in arriving at a final arbitration decision in disputes referred to them:  (a) the interest and welfare of the public;  (b) changes in the cost of living as they affect employees' purchasing power;  (c) comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceedings, and the wages,  hours and  conditions  of  employment  of employees doing the same, similar or comparable work or work requiring the same, similar or comparable skills and expenditures of energy and  effort,  giving  consideration  to  such factors as are peculiar to the industry involved;  (d)  comparison  of  wages,  hours  and  conditions  of  employment as reflected in non-profitmaking hospitals and residential care centers  in other comparable areas;  (e)  the  security  and  tenure  of employment with due regard for the effect of technological changes thereon as well as  the  effect  of  any unique  skills,  required training and other attributes developed in the industry and required for the job;  (f) economic factors of the respective parties which are  relevant  to the arbitration decision;  (g)  such  other  factors  not  confined  to  the  foregoing which are normally or traditionally taken into consideration in the  determination of   wages,   hours  and  conditions  of  employment  through  voluntary collective bargaining arbitration or otherwise between the parties or in the industry.   8. Where the validity of a certification of representatives issued  by the   board   has   been  questioned  by  a  refusal  to  bargain  by  a non-profitmaking hospital or a residential care center,  the  provisions of  subdivision  three  of  this  section pertaining to fact-finding and arbitration shall not apply unless and until an  unfair  labor  practice charge  for  refusal  to  bargain has been filed with the board. If such unfair labor practice charge has been filed,  (1)  no  application  made pursuant to section seventy-five hundred three of the civil practice law and  rules,  or  otherwise,  shall  be  granted  to stay fact-finding or arbitration under this section; (2)  the  court  shall  consolidate  the petitions  and  applications filed pursuant to paragraphs (a) and (b) of  subdivision six of this section;  and  (3)  no  arbitration  award  made pursuant to this subdivision shall become effective until there has been a  final  determination  that  the  labor  organization has the right to exclusive  representation  of  the employees in the unit with respect to which such award was made, pursuant to sections seven hundred  five  and seven  hundred seven of this article, provided that nothing herein shall be interpreted to limit the discretion of the arbitrators to  make  such award retroactive.   9.  Notwithstanding  the  provisions of section eight hundred seven of the labor law, where it appears that there may have been a violation  of section  seven  hundred  thirteen  of  this article, the chief executive officer of the non-profitmaking  hospital  or  residential  care  center involved,  or,  in  the  case of a lockout, any affected employee or his certified representative, shall forthwith apply to the supreme court for an injunction against such violation. If such chief  executive  officer, or employee or his representative, fails or refuses to act as aforesaid, and  if the chief executive officer of the city or village in which such hospital or center is located, or the chief executive officer of a  town with  respect to such hospital or center located in the area of the town outside any village therein, shall, in his  discretion,  determine  that the  violation  constitutes  a  threat  to the public health, safety and welfare of such city, village or town, as the case may  be,  such  chief executive  officer shall so advise in writing the chief legal officer of such city, village or town who shall  forthwith  apply  to  the  supreme court for an injunction against such violation. If an order of the court enjoining  or  restraining  such  violation does not receive compliance, such chief executive officer, employee or his representative,  or  chief legal  officer, as the case may be, shall forthwith apply to the supreme court to punish such violation under section seven hundred fifty of  the judiciary  law.  As  used  in  this paragraph, the term "chief executive officer" shall mean (i) in the case of  cities,  the  mayor,  except  in those  cities  having  a  city manager, it shall mean such city manager; (ii) in the case of villages, the mayor, except in those villages having a president or manager, it shall mean such latter officer; and (iii)  in the case of towns, the supervisor or presiding supervisor.