§ 1-04 Mediation.
RCNY § 1-04
(a)Request for mediation – contents. Unless waived by the Deputy Director, a request for the appointment of a mediation panel or mediation assistance by the Deputy Director must be in writing, and upon notice to all parties. Unless e-filed pursuant to 61 RCNY § 1-12(e)(2), the request must be filed on a form prescribed by the Office of Collective Bargaining and must contain: (1) The name, address, telephone number, and email address of the other party to the collective bargaining negotiations; (2) The date negotiations started; (3) The termination date of the collective bargaining agreement between the parties, if any; (4) A statement that the parties have been unable to agree on the terms of a collective bargaining agreement, and that collective bargaining will be aided by the appointment of a mediation panel or the assistance of the Deputy Director; (5) If the request is for the appointment of a mediation panel, then the number of persons to constitute the panel, if the parties have agreed thereon; (6) If the request is for the appointment of a mediation panel, then the names of persons who are listed on the Office of Collective Bargaining's mediation register who are to constitute the panel, if the parties have agreed thereon.
(b)Appointment of panel. If the Deputy Director determines that the parties have been unable to reach agreement and that collective bargaining would be aided by the appointment of a mediation panel, the Deputy Director shall appoint a panel from the mediation register. The panel shall be of the size and shall consist of the persons agreed upon by the parties, if those persons are available. In the absence of agreement thereon, the Deputy Director shall determine the size and/or membership of the panel. No panel shall be appointed within 30 calendar days of the commencement of negotiations except upon the written request of both parties.
(c)Panel – functions. It shall be the duty of the panel to assist the parties to reach a voluntary and satisfactory agreement. The panel may hold separate or joint meetings with the parties or their representatives, and such meetings shall be non-public unless otherwise agreed upon by the parties, the panel and the Deputy Director.
(d)Panel – guidance by Deputy Director. The panel shall perform its duties under the general guidance and direction of the Deputy Director, to whom it shall report the progress of the mediation and terms of any settlement reached. If the panel is of the opinion that further mediation efforts would be unavailing, it shall so report to the Deputy Director in writing unless waived by the Deputy Director.
(e)Confidential disclosures. Subject to the provisions of 61 RCNY § 1-04(d), any information disclosed by the parties to the mediation panel, and all records, reports and documents prepared or received by the panel in the performance of its duties shall be deemed confidential and shall not be disclosed. (Amended City Record 10/24/2018, eff. 11/23/2018)
