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 263.99 - Impasse Resolution Procedures for Agricultural Employers and Farm Laborers

Universal Citation: 12 NY Comp Codes Rules and Regs § 263.99

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

(a) Filing of declaration of impasse. In the event that an agricultural employer and a certified or recognized labor organization have failed to achieve an agreement by the end of a forty-day period from the date of certification or recognition of an labor organization or from the expiration date of a collective bargaining agreement, either the employer or the labor organization, or both acting jointly, may notify the board in writing of their belief that an impasse exists by filing a declaration of impasse. A copy of the declaration shall be served on the other party to the negotiations and on the director of conciliation.

Compliance with electronic filing protocols shall constitute full compliance with all filing requirements (see section 263.15 of this Part). Such declaration shall specify:

(1) the name, affiliation, if any, and address, telephone number, fax number, and electronic mail address, if any, of the person issuing the declaration;

(2) the name or names and address(es), telephone number, fax number, and electronic mail address, if known, of the other parties to the collective negotiations;

(3) a statement that the labor organization involved is either certified or recognized;

(4) the number of employees in the negotiating unit, together with a list of the job titles represented in that unit;

(5) the expiration date of the present agreement, if any;

(6) a clear and concise history of negotiations prior to filing the declaration, including the number and dates of the negotiation sessions;

(7) a list of all presently unresolved issues;

(8) a statement that a copy of the declaration has been served upon the other parties to the collective negotiations;

(9) a statement that the individual filing the declaration has authority to do so on behalf of the filing party; and

(10) a clear and concise statement of any other relevant facts.

(b) Answer. Within 5 business days of receipt of the declaration, the party not declaring impasse may file an answer to the declaration with the director of conciliation. The answer shall be served on the party declaring impasse.

(c) Assignment of mediator. Upon receipt of the declaration of impasse, the director of conciliation shall determine its sufficiency, and thereafter may appoint a mediator from a list of qualified persons maintained by the board to assist the parties to effect a voluntary resolution of the impasse. The director of conciliation may order the parties to meet and bargain with each other at specific dates and times and in specific locations. Nothing herein shall preclude an impasse from being deemed to exist on motion of the director of conciliation or the board.

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