N.Y. Comp. Codes R. & Regs. tit. 21 § 4000.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4000.3 - Assignment of arbitration requests

(a) The determination of whether a case is to be assigned to a staff mediator or to a panel from which the parties shall make their designation is within the discretion of the board or its designated representative, notwithstanding any contractual provision or stipulation that the issue will be heard by a staff mediator. Arbitration requests will be assigned to panel where the parties so contract or stipulate.

(b) In those cases where the collective bargaining agreement provides for panel arbitration, or the board determines that the issue shall be referred to a panel arbitrator, a list of five panel members is submitted to each of the parties. On request, the board will furnish a biographical sketch of each panel arbitrator. Within the time set forth in that list, each party is to delete two names from the list and number the remaining list in order of preference. The arbitrator as thus selected will be formally designated by the board. If either party does not return the list within the time limit, it will be assumed by the board that all arbitrators on the list are acceptable and the board may designate any arbitrator named on the list.

(c) In the event one party rejects all the names on the list, a second list of five arbitrators will be submitted to both parties and each party is permitted to make a new selection. In no event, however, will there be more than three lists of arbitrators furnished to the parties under this procedure. If the demand for arbitration was initiated by the service of the notice required by section 7503 of article 75 of the Civil Practice Law and Rules of the State of New York, and proof of service has been filed with the board, and if no agreement or selection is made by the parties from the final list, the board will designate the arbitrator. It can be seen by this procedure that the parties themselves make the selection of an arbitrator to resolve the dispute-- not the board. Only when there is no agreement on the selection does the board make a selection.

(d) It is the policy of the board to assign cases involving payment of dues and/or initiation cases to panel arbitration. Arbitration of cases in the New York City area involving contributions to pension, welfare or employee benefit plans will be assigned to special pension and welfare arbitrators or panel arbitrators. The determination as to whether any cases are to be assigned to special pension and welfare arbitrators or to panel arbitrators is a determination made at the sole discretion of the board, or its designated representative.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4000.3