New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.89 - Selection process

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of a demand for arbitration or submission
						to arbitrate, the director of conciliation shall forward to the representatives
						named therein two copies of an identical panel list of seven arbitrators
						selected from the panel of arbitrators. A resume, including per diem fee, of
						each arbitrator on such panel list shall be provided for the parties' review.
						Each party shall have 10 working days from date of the letter containing the
						panel list in which to select, rank and return their selections to the director
						of conciliation.
(a)
Selection
					 and preferential ranking.
Unless the parties have provided for their
					 own method of selecting an arbitrator in their agreement to arbitrate, the
					 following process for the selection of an arbitrator shall be employed: if more
					 than four names on the panel list are acceptable, those names shall be ranked
					 in order of the party's preference and the remaining name, if any, shall be
					 stricken. Otherwise the party shall strike no more than three names from the
					 panel list and indicate a preference among those names remaining by ranking
					 them (1), (2), (3) and (4).
(b)
Additional lists.
If a party determines that more than three
					 names on a panel list are unacceptable, a request by such party for an
					 additional panel list shall be filed with the director of conciliation within
					 the 10-day time period established for selection and preferential ranking. A
					 copy of such request shall be sent to the other party simultaneously. Each
					 party shall have the right to request one additional list, and consequently, no
					 party shall receive more than three panel lists. Pursuant to the selection
					 process, if the parties fail to select an arbitrator after the submission of a
					 third panel list, the director of conciliation shall take whatever steps are
					 necessary to designate an arbitrator.
(c)
Designation of the
					 arbitrator.
(1) Timely receipt of
					 selections. Upon timely receipt of each party's selections and consistent with
					 their selected order of preference, the director of conciliation shall
					 designate the arbitrator. If the designated arbitrator declines or is unable to
					 serve, the director of conciliation shall reserve the right to designate an
					 arbitrator without the submission of an additional panel list. In no case,
					 however, will an arbitrator be designated whose name was stricken by either or
					 both parties.
(2) Failure to timely
					 return selections. If a party fails to timely return its selections to the
					 director of conciliation, all names submitted in the panel list shall be deemed
					 acceptable to such party and the designation of the arbitrator shall be made
					 according to the preferences of the party whose selections have been timely
					 received.