New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter V - Workers' Compensation
Subchapter A - General Provisions
Part 314 - Alternative Dispute Resolution Of Claims
Section 314.2 - Review process for collective bargaining agreements
Current through Register Vol. 46, No. 12, March 20, 2024
(a) When an employer and union enter into a collective bargaining agreement that establishes an alternative dispute resolution system for claims arising under the Workers' Compensation Law as authorized by section 25(2-c), the parties shall submit the following to the office of the chair at least 30 days prior to the proposed commencement date of such alternative system:
Within 30 days after receiving the proposed agreement, the chair or the chair's designee shall review the agreement for compliance with section 25(2-c) and these rules and shall notify the parties either that the agreement is not in compliance and recommend appropriate action to bring the agreement into compliance or that the agreement is in compliance.
(b) Subsequent to its original submission, employers must submit to the office of the chair a copy of their collective bargaining agreement annually and whenever it is renegotiated.
(c) Employers that contract with an insurance carrier for workers' compensation coverage shall submit a statement signed by their insurance carrier expressing the carrier's consent to the workers' compensation claims provision contained within the collective bargaining agreement. Employers that do not contract with an insurance carrier and that seek the chair's review of a program authorized by section 25(2-c) shall submit proof of self insurance on board form SI-12.
(d) The alternative dispute resolution process set forth in collective bargaining agreements for workers' compensation claims shall adhere to the following procedural requirements: