2023 New York Laws › RSS - Retirement and Social Security › Article 12 - Negotiation of Retirement Benefits › 473 - Impasses in Coalition Negotiations.

§  473.  Impasses  in  coalition  negotiations. (a) In the event of an
impasse occurring during the course of coalition negotiations either the
employer coalition or the employee organization  coalition  may  declare
impasse  no earlier than September fifteenth or later than October first
in any year. Notice of impasse shall be filed with the public employment
relations board created  pursuant  to  article  fourteen  of  the  civil
service law.
(b)  Forthwith  after  receipt  of  the  notice  of impasse the public
employment relations board shall appoint a fact  finding  board  of  not
more  than three members, each representative of the public, from a list
of qualified persons maintained by the board, which fact  finding  board
shall  have,  in  addition  to  the powers delegated to it by the public
employment relations board, the power to make public recommendations for
the resolution of the dispute.
(c) If the dispute is not resolved by November fifteenth prior to  the
legislative  session at which implementation of any changes described by
section four hundred seventy-one of this article  will  be  sought,  the
fact   finding   board   shall   transmit   its  findings  of  fact  and
recommendations to the coalition parties and to  the  public  employment
relations board.
(d)  In  the event either of the coalition parties to the impasse does
not accept the recommendations of the fact finding board, such coalition
party may submit its position with respect to  such  recommendations  of
the  fact  finding board to the public employment relations board and to
the other coalition party to the impasse.
(e)  The  public  employment  relations   board   shall   cause   such
recommendation  of  the  fact  finding  board  and  the positions of the
parties to be made public prior to December first and shall hold  public
hearings  thereon.  In  addition  to  the  powers  vested  in the public
employment relations board by law, it  may  require  the  assistance  of
representatives  of  any public retirement system or any public employer
or employee organization as defined in article  fourteen  of  the  civil
service  law and may request or permit, in its discretion, the testimony
of any person or  organization  whose  testimony  would  assist  in  the
resolution of the dispute in the public interest.
(f) On or before January fifteenth following such notice of impasse or
thirty days following the close of such hearings whichever first occurs,
the  public employment relations board shall present its recommendations
with respect to the impasse to the governor,  the  legislature  and  the
parties to the impasse.
(g)  The  legislature  or  a  duly  authorized committee thereof shall
forthwith conduct a  public  hearing  at  which  the  parties  shall  be
required  to  explain their positions with respect to the issues and the
recommendations of the fact finding  board  and  the  public  employment
relations  board;  thereafter, the legislature shall take such action as
it deems to be in the public interest, including  the  interest  of  the
public employees involved.