§ 1-06 Arbitration.
RCNY § 1-06
(a)Definition. Board. As used in this section, the term "Board" means the Board of Collective Bargaining.
(b)Request for arbitration – service and filing; waiver; contents.
(1)Unless e-filed pursuant to 61 RCNY § 1-12(e)(2), a public employer or certified or designated public employee organization which desires to arbitrate a grievance must: (i) file a request for arbitration on a form and in a manner prescribed by the Office of Collective Bargaining which must contain a plain and concise statement of the grievance to be arbitrated; (ii) serve the request for arbitration upon all parties to the agreement under which the request is being made; (iii) when the party requesting arbitration is a public employee organization, file a waiver, signed by the grievant(s) and the public employee organization, waiving any rights to submit the contractual dispute being alleged under a collective bargaining agreement to any other administrative or judicial tribunal except for the purpose of enforcing the arbitrator's award.
(2)The request for arbitration should have copies appended of: (i) The written grievance, if any; (ii) The Step II and Step III decisions, if any; (iii) The contract provision and/or the rule or regulation that was allegedly violated.
(c)Petitions challenging arbitrability service; filing; responsive pleadings.
(3)Pleadings responsive to a petition challenging arbitrability must be filed in accordance with 61 RCNY § 1-07(c)(3), (4), and (5).
(d)Consolidation of arbitration proceedings. A public employer or a public employee organization may request the consolidation of arbitration cases involving the same grievant(s), identical issues or similar facts. In response to the request, cases may be consolidated at the discretion of the Deputy Director, after notice and an opportunity to be heard has been given to the other party. Except when a consolidation request is jointly made by a public employer and a public employee organization, consolidation of arbitration cases may not take place after arbitrators have been appointed in more than one of the cases proposed for consolidation. The Deputy Director's determination shall be made in writing.
(e)Appointment of arbitrator. If no petition pursuant to 61 RCNY § 1-06(c)(1) has been timely filed, or if the Board, after such a petition, has determined that the grievance is a proper subject for arbitration, the public employer and the public employee organization shall have 10 business days to agree upon the arbitrator. If the parties fail to do so, the Deputy Director shall submit to each party an identical list of at least seven names chosen from the arbitration register. Each party shall have seven business days in which to number at least five of the names in order of preference, and to return the list to the Deputy Director. Failure to return the list within the specified time is deemed approval of all the persons named. The Deputy Director shall appoint the arbitrator with due consideration for the designated orders of preference. If one or more of those approved decline or are unable to serve, the Deputy Director, to the extent necessary, shall appoint the arbitrators without the submission of additional lists. At the parties' request, the Deputy Director may approve an alternative procedure for the selection of an arbitrator.
(f)Hearing – powers of arbitrator. The arbitration shall be conducted in the manner, and the arbitrator shall have all the powers, specified in §§ 7505, 7506, 7507 and 7509 of the New York Civil Practice Law and Rules, so far as those sections may be applicable. Arbitration hearings shall not be public unless agreed to by the parties and the arbitrator, and approved by the Deputy Director.
(g)Hearing – stenographic record; cost. A stenographic record of testimony shall be made upon the request of all parties or at the discretion of the arbitrator following a request by a party. The party or parties wishing a stenographic record must make arrangements through the Office of Collective Bargaining. The requesting party or parties must pay the cost and provide a copy to the arbitrator. If the parties agree or the arbitrator determines that the transcript is the official record of the proceedings, it must be made available to a non-requesting party for inspection at a time and place to be determined by the arbitrator.
(h)Arbitration awards – form of award; time; publication.
