N.Y. Labor Law § 702-a: Settlement of labor disputes

§ 702-a. Settlement of labor disputes. 1. Upon its own motion, in an

existing, imminent or threatened labor dispute, the board may and, upon

the direction of the governor, the board shall take such steps as it may

deem expedient to effect a voluntary, amicable and expeditious

adjustment and settlement of the differences and issues between employer

and employees which have precipitated or culminated in or threatened to

precipitate or culminate in such labor dispute. In providing its

services, the board shall take into consideration and make all parties

aware of the availability of other mediation services, such as the

federal mediation and conciliation service, and shall make every effort

to give priority to those parties which do not have access to such other

services. To this end, it shall be the duty of the board: (a) to arrange

for, hold, adjourn, or reconvene a conference or conferences between the

disputants and/or one or more of their representatives; (b) to invite

the disputants and/or their representative to attend such conferences

and submit, either orally or in writing, the grievances of and

differences between the disputants; (c) to discuss such grievances and

differences with the disputants and their representatives and in the

course of such proceeding, upon the consent of all disputants and their

representatives, to appoint fact-finding boards and to arbitrate such

grievances and differences; and (d) to assist in negotiating and

drafting agreements for the adjustment in settlement of such grievances

and differences and for the termination or avoidance, as the case may

be, of the existing or threatened labor dispute.

2. The board shall have the power at the request of the parties to a

collective bargaining agreement between an employer and its employees to

arbitrate such grievances and differences as may arise thereunder and to

establish panels of qualified persons to be available to serve as

arbitrators of such grievances and differences. The board shall

promulgate regulations setting forth eligibility requirements for

inclusion on such panels, in order to ensure the availability of

qualified, accessible, affordable arbitrators.

3. In carrying out any of its work under this article, the board may

designate one of its members or an officer or employee of the board to

act in its behalf and may delegate to such designee one or more of its

duties hereunder and, for such purpose, such designee shall have all of

the powers hereby conferred upon the board in connection with the

discharge of the duty or duties so delegated.

4. No member or officer of the board having any financial or other

interest in a trade, business, industry or occupation in which a labor

dispute exists or is threatened and of which the board has taken

cognizance, shall be qualified to participate in any way in the acts or

efforts of the board in connection with the settlement or avoidance

thereof.

5. Members of the board and all other employees of the board,

including any arbitrator serving on an arbitration panel established by

the board, shall not be compelled to disclose to any administrative or

judicial tribunal any information relating to, or acquired in, the

course of their official activities under this article, nor shall any

reports, minutes, written communications, or other documents of the

board pertaining to such information be subject to subpoena; except that

where the information so required indicates that the person appearing or

who has appeared before the board has been the victim or subject of a

crime, said members of the board, the executive secretary and all other

employees of the board, including any arbitrator serving on an

arbitration panel established by the board, may be required to testify

fully in relation thereto upon any examination, trial, or other

proceeding in which the commission of a crime is the subject of inquiry.