New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD
Part 207 - Voluntary Grievance Arbitration
Section 207.6 - Arbitrability

Universal Citation: 4 NY Comp Codes Rules and Regs ยง 207.6

Current through Register Vol. 46, No. 12, March 20, 2024

(a) Should either party contest the arbitrability of a grievance, the director of conciliation shall not determine whether the grievance is a proper subject for arbitration. The director of conciliation's sole responsibility throughout the application of this Part is administrative and, therefore, commencement of the administration of this Part shall be construed as compliance with a request.

(b) The board encourages parties to submit arbitrability questions to the arbitrator for determination. However, should the party served with a demand for arbitration pursue the legal remedies for a stay of arbitration in accordance with CPLR section 7503, a copy of the application to stay arbitration shall be filed with the director of conciliation within 20 days of service of the demand for arbitration.

(c) Upon timely receipt of a copy of the application to stay arbitration, the director of conciliation shall hold in abeyance the designation of the arbitrator pending final court determination of the arbitrability question. Absent timely receipt, the administrative responsibilities of the director of conciliation shall be carried out pursuant to this Part.

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