N.Y. Retirement & Social Security Law § 473: Impasses in coalition negotiations

§ 473. Impasses in coalition negotiations. (a) In the event of an

impasse occurring during the course of coalition negotiations either the

employer coalition or the employee organization coalition may declare

impasse no earlier than September fifteenth or later than October first

in any year. Notice of impasse shall be filed with the public employment

relations board created pursuant to article fourteen of the civil

service law.

(b) Forthwith after receipt of the notice of impasse the public

employment relations board shall appoint a fact finding board of not

more than three members, each representative of the public, from a list

of qualified persons maintained by the board, which fact finding board

shall have, in addition to the powers delegated to it by the public

employment relations board, the power to make public recommendations for

the resolution of the dispute.

(c) If the dispute is not resolved by November fifteenth prior to the

legislative session at which implementation of any changes described by

section four hundred seventy-one of this article will be sought, the

fact finding board shall transmit its findings of fact and

recommendations to the coalition parties and to the public employment

relations board.

(d) In the event either of the coalition parties to the impasse does

not accept the recommendations of the fact finding board, such coalition

party may submit its position with respect to such recommendations of

the fact finding board to the public employment relations board and to

the other coalition party to the impasse.

(e) The public employment relations board shall cause such

recommendation of the fact finding board and the positions of the

parties to be made public prior to December first and shall hold public

hearings thereon. In addition to the powers vested in the public

employment relations board by law, it may require the assistance of

representatives of any public retirement system or any public employer

or employee organization as defined in article fourteen of the civil

service law and may request or permit, in its discretion, the testimony

of any person or organization whose testimony would assist in the

resolution of the dispute in the public interest.

(f) On or before January fifteenth following such notice of impasse or

thirty days following the close of such hearings whichever first occurs,

the public employment relations board shall present its recommendations

with respect to the impasse to the governor, the legislature and the

parties to the impasse.

(g) The legislature or a duly authorized committee thereof shall

forthwith conduct a public hearing at which the parties shall be

required to explain their positions with respect to the issues and the

recommendations of the fact finding board and the public employment

relations board; thereafter, the legislature shall take such action as

it deems to be in the public interest, including the interest of the

public employees involved.