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 263.103 - Selection of the neutral arbitrator

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

(a) Selection. If the parties are unable to agree upon the arbitrator within seven working days of receipt of the petition, either party may request the board to submit a list of qualified persons for selection as the arbitrator. Within seven working 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.

(b) Selection process. Within ten working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified arbitrator 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 arbitrator. If either party so desires, a representative of the board will be present during the name striking process. The name striking process must be completed within five working days of receipt of the list from the director of conciliation. The director of conciliation must be immediately notified of the person selected as the arbitrator. 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 arbitrator.

(c) Designation. Upon notification of the identity of the arbitrator, the director of conciliation shall immediately designate such arbitrator and refer the dispute to such panel.

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