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 263.102 - Objections to arbitrability

(a) Objections to arbitrability. Objections to the arbitrability of any matter set forth in the petition or response may only be raised by the filing of a declaratory ruling petition pursuant to the requirements of this section. Objections as to arbitrability may include, but not be limited to, the following circumstances:

(b) Declaratory ruling petition. The proposed arbitration of any matter set forth in the petition or response may be objected to by either party as not being within the scope of mandatory negotiations by filing a declaratory ruling petition pursuant to section 263.107 of this Part. The sole means of resolving such objection will be by filing a declaratory ruling petition. If filed by the respondent, such a petition may not be filed after the date of the filing of the response filed in accordance with section 263.101 of this Part; if filed by the petitioner, such a petition may not be filed more than 10 working days after its receipt of the response.

(c) Effect of declaratory ruling petition. The arbitrator shall not make any award on issues, the arbitrability of which is the subject of a declaratory ruling petition, until final determination thereof or withdrawal of such petition; the arbitrator may make an award on other issues.