§ 716 — Grievances and disputes in non-profitmaking hospitals and residential care centers

§ 716. Grievances and disputes in non-profitmaking hospitals and\nresidential care centers. 1. As used in this section "grievance" means\nany controversy or claim arising out of or relating to the\ninterpretation, application or breach of the provisions of an existing\ncollective bargaining contract. As used in this section "dispute" means\nall other controversies, claims or disputes between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center concerning\nwages, hours, union security, seniority or other economic matters,\nincluding, but not limited to, controversies, claims or disputes arising\nin the course of negotiating, fixing, maintaining, changing or arranging\nsuch terms or conditions.\n 2. Every collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which does\nnot contain provisions for the final and binding determination of\ngrievances shall be deemed to include provision for the submission of\nsuch grievances, upon the request of either or both parties, to final\nand binding arbitration pursuant to such rules as may be established\nfrom time to time by the board.\n 3. Every collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which does\nnot contain provisions for the final and binding determination of\ndisputes shall be deemed to include provisions for:\n (a) the appointment of a fact-finding commission by the board upon the\nrequest of both parties to the dispute, or by the commissioner upon his\nown motion and upon certification by such board that in its opinion\nefforts to effect a voluntary settlement of the dispute have been\nunsuccessful. Such fact-finding commission shall have all of the powers\nand duties, including the power to make recommendations for the\nsettlement of the dispute, as are vested in a board of inquiry by\narticle twenty-two of this chapter; and\n (b) the submission of the dispute to final and binding arbitration,\npursuant to such rules as may be established from time to time by the\nboard, by such board upon the request of both parties to the dispute, or\nby the commissioner upon his own motion and upon certification by such\nboard that in its opinion efforts to effect a voluntary settlement of\nthe dispute have been unsuccessful. The commissioner or the board may\nsubmit a dispute to final and binding arbitration pursuant to this\nparagraph without first submitting it to a fact-finding commission\npursuant to the preceding paragraph of this subdivision.\n 4. In the absence of a collective bargaining contract between the\nemployees of a non-profitmaking hospital or residential care center, or\ntheir representatives, and such hospital or residential care center, the\nboard and the commissioner may, in the manner and upon the conditions\nprovided in subdivision three of this section, exercise all of the\npowers vested in them by the provisions of such subdivision of such\nsection.\n 5. Nothing in this section shall be deemed to affect, impair or alter\nany collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which was\nexecuted prior to July first, nineteen hundred sixty-three, during the\nterm of such contract.\n 6. (a) A petition under section seven hundred seven of this article\ninvolving a non-profitmaking hospital or residential care center shall\nbe filed directly with the appellate division of the supreme court in\nthe department embracing the specified supreme court, and shall be heard\nupon the certified transcript of the record in the proceeding before the\nboard, without requirement of printing. Such petition shall be heard in\na summary manner and have precedence over all other cases in such court.\nAn appeal may be taken to the court of appeals in the same manner and\nsubject to the same limitations not inconsistent herewith as is now\nprovided in the civil practice law and rules and a preference shall be\ngranted in the hearing thereof on motion of any party thereto.\n (b) An application to confirm, modify, correct or vacate an\narbitration award made pursuant to the procedure established by this\nsection shall be made in accordance with the provisions of article\nseventy-five of the civil practice law and rules, and the provisions of\nparagraph (a) of this subdivision pertaining to a petition filed\nthereunder shall apply to an application filed hereunder.\n (c) The supreme court shall have jurisdiction, upon such notice as it\ndeems appropriate, to restrain or enjoin any violation of the provisions\nof this section or section seven hundred thirteen and to grant such\nother and further equitable relief as may be appropriate. The\nprovisions of section eight hundred seven of this chapter shall not\napply to an action or proceeding instituted pursuant to this section or\nsection seven hundred thirteen.\n 7. The fact-finders and arbitrators appointed pursuant to subdivision\nthree of this section may consider the following standards in arriving\nat a final arbitration decision in disputes referred to them:\n (a) the interest and welfare of the public;\n (b) changes in the cost of living as they affect employees' purchasing\npower;\n (c) comparison of the wages, hours and conditions of employment of the\nemployees involved in the arbitration proceedings, and the wages, hours\nand conditions of employment of employees doing the same, similar or\ncomparable work or work requiring the same, similar or comparable skills\nand expenditures of energy and effort, giving consideration to such\nfactors as are peculiar to the industry involved;\n (d) comparison of wages, hours and conditions of employment as\nreflected in non-profitmaking hospitals and residential care centers in\nother comparable areas;\n (e) the security and tenure of employment with due regard for the\neffect of technological changes thereon as well as the effect of any\nunique skills, required training and other attributes developed in the\nindustry and required for the job;\n (f) economic factors of the respective parties which are relevant to\nthe arbitration decision;\n (g) such other factors not confined to the foregoing which are\nnormally or traditionally taken into consideration in the determination\nof wages, hours and conditions of employment through voluntary\ncollective bargaining arbitration or otherwise between the parties or in\nthe industry.\n 8. Where the validity of a certification of representatives issued by\nthe board has been questioned by a refusal to bargain by a\nnon-profitmaking hospital or a residential care center, the provisions\nof subdivision three of this section pertaining to fact-finding and\narbitration shall not apply unless and until an unfair labor practice\ncharge for refusal to bargain has been filed with the board. If such\nunfair labor practice charge has been filed, (1) no application made\npursuant to section seventy-five hundred three of the civil practice law\nand rules, or otherwise, shall be granted to stay fact-finding or\narbitration under this section; (2) the court shall consolidate the\npetitions and applications filed pursuant to paragraphs (a) and (b) of\nsubdivision six of this section; and (3) no arbitration award made\npursuant to this subdivision shall become effective until there has been\na final determination that the labor organization has the right to\nexclusive representation of the employees in the unit with respect to\nwhich such award was made, pursuant to sections seven hundred five and\nseven hundred seven of this article, provided that nothing herein shall\nbe interpreted to limit the discretion of the arbitrators to make such\naward retroactive.\n 9. Notwithstanding the provisions of section eight hundred seven of\nthe labor law, where it appears that there may have been a violation of\nsection seven hundred thirteen of this article, the chief executive\nofficer of the non-profitmaking hospital or residential care center\ninvolved, or, in the case of a lockout, any affected employee or his\ncertified representative, shall forthwith apply to the supreme court for\nan injunction against such violation. If such chief executive officer,\nor employee or his representative, fails or refuses to act as aforesaid,\nand if the chief executive officer of the city or village in which such\nhospital or center is located, or the chief executive officer of a town\nwith respect to such hospital or center located in the area of the town\noutside any village therein, shall, in his discretion, determine that\nthe violation constitutes a threat to the public health, safety and\nwelfare of such city, village or town, as the case may be, such chief\nexecutive officer shall so advise in writing the chief legal officer of\nsuch city, village or town who shall forthwith apply to the supreme\ncourt for an injunction against such violation. If an order of the court\nenjoining or restraining such violation does not receive compliance,\nsuch chief executive officer, employee or his representative, or chief\nlegal officer, as the case may be, shall forthwith apply to the supreme\ncourt to punish such violation under section seven hundred fifty of the\njudiciary law. As used in this paragraph, the term "chief executive\nofficer" shall mean (i) in the case of cities, the mayor, except in\nthose cities having a city manager, it shall mean such city manager;\n(ii) in the case of villages, the mayor, except in those villages having\na president or manager, it shall mean such latter officer; and (iii) in\nthe case of towns, the supervisor or presiding supervisor.\n