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")
IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS
Section 263.100 - Impasse arbitration; petition

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Filing. If the mediator is unable to effect settlement of the impasse within 30 days after their appointment, either party may petition the director of conciliation to refer the dispute to a neutral arbitrator. The director of conciliation shall refer the impasse to a neutral arbitrator. A copy of the petition shall be served upon the other party to the impasse simultaneously. Electronic filing and service shall constitute compliance with the filing and service requirements herein contained. See section 263.15 of this Part.

(b) Contents. Such petition shall contain the following:

(1) The name and address of the employer and the labor organization involved in the impasse.

(2) The name, title, address, telephone number, fax number and electronic mail address, if known, of the representative of each party to whom correspondence shall be directed.

(3) A statement of each of the terms and conditions of employment raised during negotiations, as follows:
(i) terms and conditions of employment that have been agreed upon; and

(ii) petitioner's most recent proposal regarding terms and conditions of employment not agreed upon. Proposed contract language presented during negotiations must be attached.

(4) The name of the mediator and the number and dates of mediation sessions held.

(5) Proof of service upon the respondent party.

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