New York > Statewide > Public Employment Relations Board
Joint Request For Staff Grievance Mediation-Arbitration - New York
| Joint Request For Staff Grievance Mediation-Arbitration Form. This is a New York form and can be used in Public Employment Relations Board Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
PRELIMINARY GUIDELINES REGARDING STAFF GRIEVANCE MED/ARB PILOT PROJECT FOR LOCAL GOVERNMENTS AND SCHOOL DISTRICTS A. GENERALLY 1) Staff med/arb services are available to parties located anywhere in New York State. Staff members may be permitted to travel to any location where med/arb services are offered, but parties are encouraged to meet at PERB's Albany, Buffalo or Brooklyn regional offices. 2) Staff med/arb services may be provided by any member of the full-time PERB professional staff who has undergone relevant med/arb training as determined by the Director of Conciliation. 3) costs. B. A fee of $50.00 per party will be charged for administrative MECHANICS 1) The parties will complete and submit to the Director of Conciliation a "Joint Request for Staff Grievance Med/Arb" form, available through the Office of Conciliation, which contains statements that: (i) (ii) arbitrability is not contested by the parties; both parties desire staff med/arb as a means of providing a final and binding resolution of the grievance; and are otherwise generally analogous to those currently required for a submission to arbitrate under Section 207.4(c) of PERB's Voluntary Grievance Arbitration Rules. (iii) 2) The Director of Conciliation will have discretion to determine whether or not to accept a submission for processing. The Director will notify the parties within five (5) working days after receipt of a fully executed submission as to whether the case is to be accepted and, if so, the name of the staff person appointed as mediator/arbitrator. 3) The Director may reject a joint submission if the grievance arises during or is directly related to an ongoing impasse or dispute in which PERB's Conciliation Office either has, or reasonably foresees itself having, a role. 4) The Director will not ordinarily entertain joint requests for any particular staff member. Staff members will be assigned at the Director's discretion, primarily based upon work load and availability. American LegalNet, Inc. www.USCourtForms.com 5) The Director may substitute another staff member at any stage of the med/arb process should work of higher priority dictate removal of the staff member initially assigned. 6) The Director's decisions regarding the above matters are strictly ministerial in nature and will not be subject to review by the Board. C. PROCESS 1) Both the mediation and arbitration stages should occur, if possible, on the same day. The mediator/arbitrator assigned may schedule a second day, and, at his/her discretion, may continue med/arb activity on that day. In such event, the entire process must be completed on the second day. 2) The mediator/arbitrator assigned will have sole discretion regarding when to move from the mediation to the arbitration mode. 3) The arbitration hearing should conform with normal arbitration practice. However, the mediator/arbitrator will not be empowered to issue subpoenas to compel the attendance of witnesses or the production of documents. Further, there will be no stenographic record of hearing testimony. 4) Should it be necessary to issue an arbitration award, it will be in the form of an immediate bench decision rendered on a short form order. On request of either party, however, or if the mediator/ arbitrator deems it necessary, an expedited, written decision and award will be issued not later than ten (10) working days after the close of the hearing. 5) The parties may not appeal the mediator/arbitrator's award to the Board. 6) Judicial review of the mediator/arbitrator's award will be available only under CPLR Article 75. CPLR Article 78 review of administrative orders will not be applicable to review of the mediator/arbitrator's award. D. JURISDICTION 1) Staff med/arb will not be applicable to cases in which the grievance is otherwise subject to PERB's own improper practice jurisdiction, although "deferral" cases may be entertained. 2) Staff med/arb will not be applicable when the subject matter of the grievance lies directly within another agency's jurisdiction, e.g., race or sex discrimination complaints. 3) Staff disputes. Revised 3/12/92 med/arb will not be applicable to union security American LegalNet, Inc. www.USCourtForms.com NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS BOARD 80 WOLF ROAD, ALBANY, NEW YORK 12205-2670 JOINT REQUEST FOR STAFF GRIEVANCE MED/ARB ____________________________________________________________________________________________ INSTRUCTIONS: Complete in full, retain one FOR OFFICE USE ONLY copy each and forward the original and one (1) copy to the Director of Conciliation, NYS PERB, Case No. ________ Date of Filing: _______ 80 Wolf Road, Albany, NY 12205-2670. To be processed, the joint request must be accompanied by a check from each party in the amount of Accepted: Declined: fifty dollars ($50.00), made out to "STATE OF NEW YORK". Date of A/D: ________ Assigned: _________ ____________________________________________________________________________________________ DATE: _____________ PUBLIC EMPLOYER Name of Public Employer . . . . . _______________________________________ Name, title, address and _______________________________________ telephone and FAX number of the representative to whom PERB _______________________________________ should direct correspondence. _______________________________________ EMPLOYEE ORGANIZATION Name of Employee Organization . . _______________________________________ Name, title, address and _______________________________________ telephone and FAX number of the representative to whom PERB _______________________________________ should direct correspondence. _______________________________________ ____________________________________________________________________________________________ (ATTACH ADDITIONAL SHEETS WHERE NECESSARY) 1. IDENTIFY DATES ON WHICH BOTH PARTIES ARE AVAILABLE FOR MED/ARB SESSIONS: 2. IDENTIFY THE PROVISION(S) IN THE AGREEMENT CLAIMED TO BE VIOLATED AND ATTACH A COPY THEREOF: American LegalNet, Inc. www.USCourtForms.com 3. WRITE A CLEAR AND CONCISE DESCRIPTION OF THE ISSUE(S) IN DISPUTE AND THE REMEDY(IES) SOUGHT [INCLUDE THE NAME(S) OF THE GRIEVANT(S)]: __________________________________ THE PARTIES NAMED HEREIN, HEREBY JOINTLY REQUEST STAFF MED/ARB TO PROVIDE A FINAL AND BINDING RESOLUTION OF THE DISPUTE DESCRIBED HEREIN. THE PARTIES AGREE THAT THEY HAVE RECEIVED AND READ A COPY OF PERB'S "PRELIMINARY GUIDELINES REGARDING STAFF GRIEVANCE MED/ARB PILOT PROJECT", AND UNDERSTAND THAT
|
|||||||
