2023 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; and
E. 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.