N.Y. Comp. Codes R. & Regs. tit. 4 § 205.7

Current through Register Vol. 46, No. 17, April 24, 2024

Section 205.7 - Selection of compulsory interest arbitration panel

(a) Within 10 days after receipt of the petition by the board, each party shall appoint its member to the arbitration panel and the two parties will jointly appoint the public member. The parties will immediately notify the director of conciliation of the identity of the three members of the panel selected by the parties. The director of conciliation shall forthwith designate such public arbitration panel and refer the dispute to such panel.

(b) If the parties are unable to agree upon the public member within 10 days of receipt of the petition, either party may request the board to submit a list of qualified persons for selection of the public member. Within seven days after receipt of such request, the director of conciliation shall submit to each party an identical list of nine arbitrators from its panel of arbitrators. A resume and billing disclosure statement of each arbitrator on such list shall be enclosed for the parties' review.

(c)Selection.

Within 10 working days after receipt of the list, the parties will notify the director of conciliation of the identity of a qualified public member they have mutually agreed upon, or, if unable to agree, shall be required to meet and make their selection in the following manner: Each party shall alternately strike from the list one of the names with the order of striking determined by lot until one person remains, who shall be designated as the public member. If either party so desires, a representative of the board will be present during the name- striking process. The name-striking process must be completed within five days of receipt of the list from the director of conciliation. The director of conciliation must be immediately notified of the person selected as the public member. Upon the failure of one party to participate in the selection process, all names on the list shall be deemed acceptable to it, and the other party will be entitled to have its selection designated as the public member.

(d)Designation.

Upon notification of the identity of the public member of the panel, the director of conciliation shall immediately designate such public member, along with the individuals named by the parties in sections 205.4(b)(5) and 205.5(b) of this Part, as the public arbitration panel and refer the dispute to such panel.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 205.7

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff.8/2/2017