2023 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.