New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.18 - Selection of interest arbitration panel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 10 days after receipt of the
				petition by the board, each party shall appoint its member to the arbitration
				panel and the two parties shall jointly appoint the public member. The parties
				shall immediately notify the board of the identity of the three members of the
				panel selected by the parties. If a joint petition was filed pursuant to
				section 205.11 of this Part, the director
				of conciliation shall forthwith designate such arbitration panel and shall
				refer the dispute to such panel. If a petition was filed pursuant to section
				205.14 of this Part, the director
				of conciliation shall forthwith designate such arbitration panel and shall
				refer the dispute to such panel upon the board's certification that a voluntary
				resolution of the contract negotiations between the parties cannot be
				effected.
(b) If the parties are
				unable to agree upon the public member within 10 days, either party may request
				the director of conciliation to submit a list of qualified persons for
				selection of the public member. Within seven days after receipt of such
				request, the director of conciliation shall submit to each party an identical
				list of nine arbitrators from its panel of arbitrators. A resume and billing
				disclosure statement of each arbitrator on such list shall be enclosed for the
				parties' review.
(c)
Selection.
Within 10 working days after receipt of the list, the parties
				  will notify the director of conciliation of the identity of a qualified public
				  member they have mutually agreed upon, or, if unable to agree, shall be
				  required to meet and make their selection in the following manner: Each party
				  shall alternately strike from the list one of the names with the order of
				  striking determined by lot until one person remains, who shall be designated as
				  the public member. If either party so desires, a respesentative of the board
				  will be present during the name- striking process. The name-striking process
				  must be completed within five days of receipt of the list from the director of
				  conciliation. The parties shall immediately notify the director of conciliation
				  of the identity of the person selected as the public member. Upon the failure
				  of one party to participate in the selection process, all names on the list
				  shall be deemed acceptable to it and the other party will be entitled to have
				  its selection designated as the public member.
(d)
Designation.
If a joint petition was filed pursuant to section
				  205.11 of this Part, upon
				  notification of the identity of the public member of the panel, the director of
				  conciliation shall forthwith designate such public member, along with the
				  individuals named by the parties in section
				  205.11(b)(5) of
				  this Part, as the public arbitration panel and shall refer the dispute to such
				  panel. If a petition was filed pursuant to section
				  205.14 of this Part, upon
				  notification of the identity of the public member of the panel, the director of
				  conciliation shall forthwith designate such public member, along with the
				  individuals named by the parties in sections
				  205.14(b)(5)  and
				  205.16(b) of this
				  Part, as the public arbitration panel and shall refer the dispute to such panel
				  upon the board's certification that a voluntary resolution of the contract
				  negotiations between the parties cannot be effected.