S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8034
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  RAMOS  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Labor
 
 AN ACT to amend the labor law, in relation to disputes between employers
   and recognized employee organizations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 715 of the labor law, as amended by chapter 890 of
 the laws of 1968, is amended to read as follows:
   § 715. Application of article. 1. The provisions of this article shall
 not apply to: [(1)] (A) employees of any employer who  concedes  to  and
 agrees  with  the board that such employees are subject to and protected
 by the provisions of the [national labor relations act or  the]  federal
 railway  labor  act;  [or  (2)]  (B)  EMPLOYEES WHERE THE NATIONAL LABOR
 RELATIONS BOARD SUCCESSFULLY ASSERTS  JURISDICTION  OVER  ANY  EMPLOYER,
 EMPLOYEES,  TRADES,  OR  INDUSTRIES  PURSUANT TO AN ORDER BY THE FEDERAL
 DISTRICT COURT ESTABLISHED UNDER ARTICLE  THREE  OF  THE  UNITED  STATES
 CONSTITUTION; OR (C) employees of the state or of any political or civil
 subdivision or other agency thereof.
   2.  FOR  ALL  OTHER  EMPLOYEES,  THE BOARD SHALL, UPON APPLICATION AND
 VERIFICATION, PROMPTLY CERTIFY THE EXCLUSIVE  BARGAINING  REPRESENTATIVE
 OF  ANY BARGAINING UNIT PREVIOUSLY CERTIFIED BY ANOTHER STATE OR FEDERAL
 AGENCY. ALL EXISTING TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN A CERTI-
 FIED EXCLUSIVE BARGAINING REPRESENTATIVE AND AN EMPLOYER SHALL REMAIN IN
 FULL FORCE AND EFFECT THROUGH THE BOARD'S VERIFICATION PROCESS.
   § 2. The labor law is amended by adding a new section 702-c to read as
 follows:
   § 702-C. IMPASSE RESOLUTION PROCEDURES.  1.    FOR  PURPOSES  OF  THIS
 SECTION,  AN  IMPASSE  MAY  BE  DEEMED  TO  EXIST IF THE PARTIES FAIL TO
 ACHIEVE AGREEMENT FOR A FIRST CONTRACT BY THE END OF A FORTY-DAY  PERIOD
 FROM  THE  DATE OF CERTIFICATION OR RECOGNITION OF AN EMPLOYEE ORGANIZA-
 TION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-01-5
              

 S. 8034                             2
 
   2. UPON IMPASSE, EMPLOYERS OR RECOGNIZED  EMPLOYEE  ORGANIZATIONS  MAY
 REQUEST  THE  BOARD TO RENDER ASSISTANCE AS PROVIDED IN THIS SECTION. IF
 THE BOARD DETERMINES AN IMPASSE EXISTS IN THE COURSE OF COLLECTIVE NEGO-
 TIATIONS BETWEEN AN EMPLOYER AND A RECOGNIZED EMPLOYEE ORGANIZATION, THE
 BOARD  SHALL  AID THE PARTIES IN EFFECTING A VOLUNTARY RESOLUTION OF THE
 DISPUTE.
   3. ON REQUEST OF EITHER PARTY, AS PROVIDED IN SUBDIVISION TWO OF  THIS
 SECTION, AND IN THE EVENT THE BOARD DETERMINES THAT AN IMPASSE EXISTS IN
 COLLECTIVE  NEGOTIATIONS  BETWEEN  SUCH  EMPLOYEE  ORGANIZATION  AND  AN
 EMPLOYER AS TO THE CONDITIONS OF  EMPLOYMENT  OF  EMPLOYEES,  THE  BOARD
 SHALL RENDER ASSISTANCE AS FOLLOWS:
   (A)  TO  ASSIST  THE  PARTIES  TO  REACH A VOLUNTARY RESOLUTION OF THE
 DISPUTE, THE BOARD SHALL APPOINT A MEDIATOR FROM  A  LIST  OF  QUALIFIED
 PERSONS MAINTAINED BY THE BOARD;
   (B) IF THE MEDIATOR APPOINTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION  IS UNABLE TO ACHIEVE SETTLEMENT OF THE CONTROVERSY WITHIN THIRTY
 DAYS AFTER SUCH MEDIATOR'S APPOINTMENT, EITHER PARTY  MAY  PETITION  THE
 BOARD TO REFER THE DISPUTE TO A NEUTRAL ARBITRATOR; AND
   (C)  UPON  PETITION OF EITHER PARTY, THE BOARD SHALL REFER THE DISPUTE
 TO A NEUTRAL ARBITRATOR AS FOLLOWS:
   (I) THE NEUTRAL ARBITRATOR SHALL BE APPOINTED JOINTLY BY THE  EMPLOYER
 AND  EMPLOYEE ORGANIZATION WITHIN TEN DAYS AFTER RECEIPT BY THE BOARD OF
 A PETITION FOR ARBITRATION. EACH OF THE RESPECTIVE PARTIES SHALL EQUALLY
 SHARE THE COST OF THE NEUTRAL ARBITRATOR. IF, WITHIN  SEVEN  DAYS  AFTER
 THE MAILING DATE, THE PARTIES ARE UNABLE TO AGREE UPON THE NEUTRAL ARBI-
 TRATOR,  THE  BOARD  SHALL  SUBMIT  TO  THE PARTIES A LIST OF QUALIFIED,
 DISINTERESTED PERSONS FOR THE SELECTION OF A  NEUTRAL  ARBITRATOR.  EACH
 PARTY  SHALL  ALTERNATELY STRIKE FROM THE LIST ONE OF THE NAMES WITH THE
 ORDER OF STRIKING DETERMINED BY LOT,  UNTIL  THE  REMAINING  ONE  PERSON
 SHALL  BE  DESIGNATED  AS  THE NEUTRAL ARBITRATOR. THIS PROCESS SHALL BE
 COMPLETED WITHIN FIVE DAYS OF RECEIPT OF THIS LIST.  THE  PARTIES  SHALL
 NOTIFY THE BOARD OF THE DESIGNATED NEUTRAL ARBITRATOR;
   (II) THE NEUTRAL ARBITRATOR SHALL HOLD HEARINGS ON ALL MATTERS RELATED
 TO  THE  DISPUTE. THE PARTIES MAY BE HEARD EITHER IN PERSON, BY COUNSEL,
 OR BY OTHER REPRESENTATIVES, AS THEY  MAY  RESPECTIVELY  DESIGNATE.  THE
 PANEL MAY GRANT MORE THAN ONE ADJOURNMENT EACH FOR EACH PARTY; PROVIDED,
 HOWEVER,  THAT  A  SECOND  REQUEST  OF  EITHER  PARTY AND ANY SUBSEQUENT
 ADJOURNMENTS MAY BE GRANTED ON REQUEST OF EITHER  PARTY,  PROVIDED  THAT
 THE PARTY WHICH REQUESTS THE ADJOURNMENT SHALL PAY THE ARBITRATOR'S FEE.
 THE  PARTIES  MAY  PRESENT, EITHER ORALLY OR IN WRITING, OR BOTH, STATE-
 MENTS OF FACT, SUPPORTING WITNESSES AND OTHER EVIDENCE, AND ARGUMENT  OF
 THEIR  RESPECTIVE  POSITIONS  WITH  RESPECT TO EACH CASE. THE ARBITRATOR
 SHALL HAVE AUTHORITY  TO  REQUIRE  THE  PRODUCTION  OF  SUCH  ADDITIONAL
 EVIDENCE,  EITHER ORAL OR WRITTEN AS SUCH ARBITRATOR MAY DESIRE FROM THE
 PARTIES AND SHALL PROVIDE AT THE REQUEST OF EITHER PARTY THAT A FULL AND
 COMPLETE RECORD BE KEPT OF ANY SUCH HEARINGS, THE COST OF SUCH RECORD TO
 BE BORNE BY THE REQUESTING PARTY. IF SUCH RECORD IS CREATED, IT SHALL BE
 SHARED WITH BOTH PARTIES REGARDLESS OF WHICH PARTY PAID FOR IT;
   (III) THE ARBITRATOR SHALL MAKE A JUST AND REASONABLE DETERMINATION OF
 THE MATTERS IN DISPUTE. IN ARRIVING AT SUCH DETERMINATION, THE  ARBITRA-
 TOR  SHALL SPECIFY THE BASIS FOR SUCH ARBITRATOR'S FINDINGS, TAKING INTO
 CONSIDERATION, IN ADDITION TO ANY FACTORS STIPULATED BY THE  PARTIES  OR
 ANY OTHER RELEVANT FACTORS, THE FOLLOWING:
   (1) COMPARISON OF THE WAGES, HOURS AND CONDITIONS OF EMPLOYMENT OF THE
 EMPLOYEES  INVOLVED IN THE ARBITRATION PROCEEDING WITH THE WAGES, HOURS,
 AND CONDITIONS OF  EMPLOYMENT  OF  OTHER  EMPLOYEES  PERFORMING  SIMILAR
 S. 8034                             3
 
 SERVICES  OR  REQUIRING  SIMILAR SKILLS UNDER SIMILAR WORKING CONDITIONS
 AND WITH OTHER EMPLOYEES GENERALLY IN EMPLOYMENT IN COMPARABLE  COMMUNI-
 TIES;
   (2) THE INTERESTS AND WELFARE OF THE EMPLOYEES AND THE FINANCIAL ABIL-
 ITY OF THE EMPLOYER TO PAY;
   (3)   COMPARISON  OF  PECULIARITIES  IN  REGARD  TO  OTHER  TRADES  OR
 PROFESSIONS, INCLUDING SPECIFICALLY:
   (A) HAZARDS OF EMPLOYMENT;
   (B) PHYSICAL QUALIFICATIONS;
   (C) EDUCATIONAL QUALIFICATIONS;
   (D) MENTAL QUALIFICATIONS; AND
   (E) JOB TRAINING AND SKILLS;
   (IV) THE DETERMINATION OF THE NEUTRAL ARBITRATOR SHALL  BE  FINAL  AND
 BINDING  UPON  THE  PARTIES FOR THE PERIOD PRESCRIBED BY THE ARBITRATOR,
 BUT IN NO EVENT SHALL SUCH PERIOD EXCEED TWO YEARS FROM THE DATE OF  THE
 ARBITRATOR'S DETERMINATION; AND
   (V) THE DETERMINATION OF THE PUBLIC ARBITRATION PANEL SHALL BE SUBJECT
 TO  REVIEW BY A COURT OF COMPETENT JURISDICTION IN THE MANNER PRESCRIBED
 BY LAW.
   § 3. This act shall take effect immediately.