N.Y. Labor Law § 716: Grievances and disputes in non-profitmaking hospitals and residential care centers

§ 716. Grievances and disputes in non-profitmaking hospitals and

residential care centers. 1. As used in this section "grievance" means

any controversy or claim arising out of or relating to the

interpretation, application or breach of the provisions of an existing

collective bargaining contract. As used in this section "dispute" means

all other controversies, claims or disputes between the employees of a

non-profitmaking hospital or residential care center, or their

representatives, and such hospital or residential care center concerning

wages, hours, union security, seniority or other economic matters,

including, but not limited to, controversies, claims or disputes arising

in the course of negotiating, fixing, maintaining, changing or arranging

such terms or conditions.

2. Every collective bargaining contract between the employees of a

non-profitmaking hospital or residential care center, or their

representatives, and such hospital or residential care center which does

not contain provisions for the final and binding determination of

grievances shall be deemed to include provision for the submission of

such grievances, upon the request of either or both parties, to final

and binding arbitration pursuant to such rules as may be established

from time to time by the board.

3. Every collective bargaining contract between the employees of a

non-profitmaking hospital or residential care center, or their

representatives, and such hospital or residential care center which does

not contain provisions for the final and binding determination of

disputes shall be deemed to include provisions for:

(a) the appointment of a fact-finding commission by the board upon the

request of both parties to the dispute, or by the commissioner upon his

own motion and upon certification by such board that in its opinion

efforts to effect a voluntary settlement of the dispute have been

unsuccessful. Such fact-finding commission shall have all of the powers

and duties, including the power to make recommendations for the

settlement of the dispute, as are vested in a board of inquiry by

article twenty-two of this chapter; and

(b) the submission of the dispute to final and binding arbitration,

pursuant to such rules as may be established from time to time by the

board, by such board upon the request of both parties to the dispute, or

by the commissioner upon his own motion and upon certification by such

board that in its opinion efforts to effect a voluntary settlement of

the dispute have been unsuccessful. The commissioner or the board may

submit a dispute to final and binding arbitration pursuant to this

paragraph without first submitting it to a fact-finding commission

pursuant to the preceding paragraph of this subdivision.

4. In the absence of a collective bargaining contract between the

employees of a non-profitmaking hospital or residential care center, or

their representatives, and such hospital or residential care center, the

board and the commissioner may, in the manner and upon the conditions

provided in subdivision three of this section, exercise all of the

powers vested in them by the provisions of such subdivision of such

section.

5. Nothing in this section shall be deemed to affect, impair or alter

any collective bargaining contract between the employees of a

non-profitmaking hospital or residential care center, or their

representatives, and such hospital or residential care center which was

executed prior to July first, nineteen hundred sixty-three, during the

term of such contract.

6. (a) A petition under section seven hundred seven of this article

involving a non-profitmaking hospital or residential care center shall

be filed directly with the appellate division of the supreme court in

the department embracing the specified supreme court, and shall be heard

upon the certified transcript of the record in the proceeding before the

board, without requirement of printing. Such petition shall be heard in

a summary manner and have precedence over all other cases in such court.

An appeal may be taken to the court of appeals in the same manner and

subject to the same limitations not inconsistent herewith as is now

provided in the civil practice law and rules and a preference shall be

granted in the hearing thereof on motion of any party thereto.

(b) An application to confirm, modify, correct or vacate an

arbitration award made pursuant to the procedure established by this

section shall be made in accordance with the provisions of article

seventy-five of the civil practice law and rules, and the provisions of

paragraph (a) of this subdivision pertaining to a petition filed

thereunder shall apply to an application filed hereunder.

(c) The supreme court shall have jurisdiction, upon such notice as it

deems appropriate, to restrain or enjoin any violation of the provisions

of this section or section seven hundred thirteen and to grant such

other and further equitable relief as may be appropriate. The

provisions of section eight hundred seven of this chapter shall not

apply to an action or proceeding instituted pursuant to this section or

section seven hundred thirteen.

7. The fact-finders and arbitrators appointed pursuant to subdivision

three of this section may consider the following standards in arriving

at a final arbitration decision in disputes referred to them:

(a) the interest and welfare of the public;

(b) changes in the cost of living as they affect employees' purchasing

power;

(c) comparison of the wages, hours and conditions of employment of the

employees involved in the arbitration proceedings, and the wages, hours

and conditions of employment of employees doing the same, similar or

comparable work or work requiring the same, similar or comparable skills

and expenditures of energy and effort, giving consideration to such

factors as are peculiar to the industry involved;

(d) comparison of wages, hours and conditions of employment as

reflected in non-profitmaking hospitals and residential care centers in

other comparable areas;

(e) the security and tenure of employment with due regard for the

effect of technological changes thereon as well as the effect of any

unique skills, required training and other attributes developed in the

industry and required for the job;

(f) economic factors of the respective parties which are relevant to

the arbitration decision;

(g) such other factors not confined to the foregoing which are

normally or traditionally taken into consideration in the determination

of wages, hours and conditions of employment through voluntary

collective bargaining arbitration or otherwise between the parties or in

the industry.

8. Where the validity of a certification of representatives issued by

the board has been questioned by a refusal to bargain by a

non-profitmaking hospital or a residential care center, the provisions

of subdivision three of this section pertaining to fact-finding and

arbitration shall not apply unless and until an unfair labor practice

charge for refusal to bargain has been filed with the board. If such

unfair labor practice charge has been filed, (1) no application made

pursuant to section seventy-five hundred three of the civil practice law

and rules, or otherwise, shall be granted to stay fact-finding or

arbitration under this section; (2) the court shall consolidate the

petitions and applications filed pursuant to paragraphs (a) and (b) of

subdivision six of this section; and (3) no arbitration award made

pursuant to this subdivision shall become effective until there has been

a final determination that the labor organization has the right to

exclusive representation of the employees in the unit with respect to

which such award was made, pursuant to sections seven hundred five and

seven hundred seven of this article, provided that nothing herein shall

be interpreted to limit the discretion of the arbitrators to make such

award retroactive.

9. Notwithstanding the provisions of section eight hundred seven of

the labor law, where it appears that there may have been a violation of

section seven hundred thirteen of this article, the chief executive

officer of the non-profitmaking hospital or residential care center

involved, or, in the case of a lockout, any affected employee or his

certified representative, shall forthwith apply to the supreme court for

an injunction against such violation. If such chief executive officer,

or employee or his representative, fails or refuses to act as aforesaid,

and if the chief executive officer of the city or village in which such

hospital or center is located, or the chief executive officer of a town

with respect to such hospital or center located in the area of the town

outside any village therein, shall, in his discretion, determine that

the violation constitutes a threat to the public health, safety and

welfare of such city, village or town, as the case may be, such chief

executive officer shall so advise in writing the chief legal officer of

such city, village or town who shall forthwith apply to the supreme

court for an injunction against such violation. If an order of the court

enjoining or restraining such violation does not receive compliance,

such chief executive officer, employee or his representative, or chief

legal officer, as the case may be, shall forthwith apply to the supreme

court to punish such violation under section seven hundred fifty of the

judiciary law. As used in this paragraph, the term "chief executive

officer" shall mean (i) in the case of cities, the mayor, except in

those cities having a city manager, it shall mean such city manager;

(ii) in the case of villages, the mayor, except in those villages having

a president or manager, it shall mean such latter officer; and (iii) in

the case of towns, the supervisor or presiding supervisor.