§ 1-05 Impasse Panels.
RCNY § 1-05
(a)Definition. Board. As used in this section, the term "Board" means the Board of Collective Bargaining.
(b)Request for impasse panel – contents. A request for the appointment of an impasse panel may be made jointly by the public employer and the certified or designated employee organization, or singly by either party. Unless waived by the Director, the request must be in writing and signed by the public employer and the certified or designated employee organization or by any of them, if made singly. If the request is by a single party, a copy must be served on the other party. Unless e-filed pursuant to 61 RCNY § 1-12(e)(2), the request must be filed with the Board on a form prescribed by the Office of Collective Bargaining and shall contain: (1) The names, addresses, telephone numbers, and email addresses of the parties; (2) The date when negotiations began and the date of the last meeting; (3) The nature of the matters in dispute and any other relevant facts, including a list of the specific employer and/or employee organization demands upon which impasse has been reached; (4) A statement that collective bargaining (with or without mediation) has been exhausted and that conditions are appropriate for the creation of an impasse panel; (5) The size of the panel to be appointed, if the parties have agreed thereon; (6) The names of the persons who are listed on the Office of Collective Bargaining's impasse panel register and who are to constitute the panel, if the parties have agreed thereon.
(c)Investigation by Director upon request. Upon receipt of the request for an impasse panel, the Director may conduct or cause to be conducted an investigation to ascertain if the conditions for an impasse panel have been met, namely, that the collective bargaining negotiations have been exhausted and that the conditions are appropriate for the creation of an impasse panel.
(d)Investigation by Director without request. The Director may cause such investigation or hearing to be conducted without receipt of a request for the appointment of an impasse panel from either or both of the parties.
(e)Director's recommendation. If the Director concludes that collective bargaining negotiations have been exhausted and that conditions are appropriate for the creation of an impasse panel, the Director shall convey such conclusion either orally or in writing to the Board, with information as to the nature of the dispute as the Board may require. The parties shall be notified in writing of the Director's recommendation. If the initial request was not a joint request, the party or parties not requesting the creation of an impasse panel may object to the recommendation, in writing, within three business days after service of notice of the recommendation.
(f)Authorization of panel. If the Board determines that collective bargaining negotiations (with or without mediation) have been exhausted and that conditions are appropriate for the creation of an impasse panel, it shall instruct the Director to appoint such panel. In reaching its determination, the Board may conduct or direct any additional investigation, conferences or hearings as it deems advisable and proper. The Director may appoint an impasse panel, without prior consultation with the Board, upon request of both parties.
(g)Scope of collective bargaining. When the appointment of an impasse panel has been authorized in accordance with 61 RCNY § 1-05(f), a petition seeking a determination whether a particular demand is within the scope of collective bargaining must be filed in accordance with 61 RCNY § 1-07(b)(2) within 20 business days of the notification of the authorization. If a scope petition is filed during the pendency of an impasse proceeding, the matter shall be expedited; the impasse proceeding shall not commence until a final determination of the scope petition by the Board or withdrawal of the petition.
(h)Size of panel. An impasse panel shall consist of such number of persons listed on the Board's impasse panel register as the parties may have agreed upon. In the absence of agreement, the Director shall fix the size of the panel.
(i)Selection of panel. If the parties have not agreed on the persons to serve on the panel, each of the parties shall receive an identical list of at least seven names chosen by the Director from the impasse panel register. Each party shall have five business days within which to number at least five of the names in order of preference, and return the list to the Director. Failure to return the list within the specified time is deemed approval of all persons named. The Director shall appoint the panel from those persons who have been approved by both parties, with due consideration for the designated orders of preference. If one or more of those approved decline or are unable to serve, the Director, to the extent necessary, shall appoint the panel members without the submission of additional lists. At the parties' request, the Director may approve an alternative procedure for selecting the members of an impasse panel.
(j)Panel – powers and duties. An impasse panel has the powers and duties set forth in § 12-311(c)(3)(a) through (d) of the statute.
(k)Hearing; record.
(1)Hearings before impasse panels shall be stenographically reported and transcribed. The parties shall share the cost thereof. Hearings shall not be public unless agreed to by the parties and the panel and approved by the Director.
(2)The record shall consist of all pleadings, exhibits and other documents submitted by the parties to the panel, the transcript of testimony taken in hearings before the panel, any statements of positions as to the issues submitted by the parties prior to, during or after the hearing, the report and recommendations issued by the panel and any other documents which the Board, in its discretion, deems necessary and pertinent.
(l)Panel reports – publication, acceptance or rejection.
(3)Acceptance or rejection. Within 10 business days after submission of the panel's report and recommendations, or such additional time (not exceeding 30 calendar days from the submission of the panel report) as the Director may permit, each party must notify the other party and the Director, in writing, of its acceptance or rejection, in whole or in part, of the panel's report and recommendations. Failure to so notify is deemed acceptance of the recommendations. The Director may release the acceptances and/or rejections for publication at such time as the Director may deem advisable.
(4)Confidentiality. The report and recommendations of the impasse panel and the acceptances and/or rejections of the parties shall be confidential records until released for publication by the Director.
(m)Review of panel report and recommendations.
(ii)Service and filing. The petition pursuant to 61 RCNY § 1-05(m) must be served upon all parties and must be filed, with proof of service, with the Board within 10 business days of the rejection of the report and recommendations.
(5)Oral argument; hearing. The Board, in its discretion, may grant the request of a party for oral argument or, in a case involving allegations of any of the grounds set forth in subparagraphs (i), (ii), or (iii) of § 7511(b) of the New York Civil Practice Law and Rules, may grant and direct a hearing; the request must be filed within 10 business days after issue has been joined. The Board may direct that oral argument or hearing be held without a request from either party where it finds that to do so will contribute to a determination of the matter. (Amended City Record 10/24/2018, eff. 11/23/2018)
