§ 473 — Impasses in coalition negotiations

New York § 473

• Jurisdiction: New York
• Law RSS: Retirement & Social Security
• Art. 12: Negotiation of Retirement Benefits

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§ 473. Impasses in coalition negotiations. (a) In the event of an\nimpasse occurring during the course of coalition negotiations either the\nemployer coalition or the employee organization coalition may declare\nimpasse no earlier than September fifteenth or later than October first\nin any year. Notice of impasse shall be filed with the public employment\nrelations board created pursuant to article fourteen of the civil\nservice law.\n (b) Forthwith after receipt of the notice of impasse the public\nemployment relations board shall appoint a fact finding board of not\nmore than three members, each representative of the public, from a list\nof qualified persons maintained by the board, which fact finding board\nshall have, in addition to the powers delegated to it by the public\nemployment relations board, the power to make public recommendations for\nthe resolution of the dispute.\n (c) If the dispute is not resolved by November fifteenth prior to the\nlegislative session at which implementation of any changes described by\nsection four hundred seventy-one of this article will be sought, the\nfact finding board shall transmit its findings of fact and\nrecommendations to the coalition parties and to the public employment\nrelations board.\n (d) In the event either of the coalition parties to the impasse does\nnot accept the recommendations of the fact finding board, such coalition\nparty may submit its position with respect to such recommendations of\nthe fact finding board to the public employment relations board and to\nthe other coalition party to the impasse.\n (e) The public employment relations board shall cause such\nrecommendation of the fact finding board and the positions of the\nparties to be made public prior to December first and shall hold public\nhearings thereon. In addition to the powers vested in the public\nemployment relations board by law, it may require the assistance of\nrepresentatives of any public retirement system or any public employer\nor employee organization as defined in article fourteen of the civil\nservice law and may request or permit, in its discretion, the testimony\nof any person or organization whose testimony would assist in the\nresolution of the dispute in the public interest.\n (f) On or before January fifteenth following such notice of impasse or\nthirty days following the close of such hearings whichever first occurs,\nthe public employment relations board shall present its recommendations\nwith respect to the impasse to the governor, the legislature and the\nparties to the impasse.\n (g) The legislature or a duly authorized committee thereof shall\nforthwith conduct a public hearing at which the parties shall be\nrequired to explain their positions with respect to the issues and the\nrecommendations of the fact finding board and the public employment\nrelations board; thereafter, the legislature shall take such action as\nit deems to be in the public interest, including the interest of the\npublic employees involved.\n