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This entry was published on 2014-09-22
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Settlement of labor disputes
§ 702-a. Settlement of labor disputes. 1. Upon its own motion, in an
existing, imminent or threatened labor dispute, the board may and, upon
the direction of the governor, the board shall take such steps as it may
deem expedient to effect a voluntary, amicable and expeditious
adjustment and settlement of the differences and issues between employer
and employees which have precipitated or culminated in or threatened to
precipitate or culminate in such labor dispute. In providing its
services, the board shall take into consideration and make all parties
aware of the availability of other mediation services, such as the
federal mediation and conciliation service, and shall make every effort
to give priority to those parties which do not have access to such other
services. To this end, it shall be the duty of the board: (a) to arrange
for, hold, adjourn, or reconvene a conference or conferences between the
disputants and/or one or more of their representatives; (b) to invite
the disputants and/or their representative to attend such conferences
and submit, either orally or in writing, the grievances of and
differences between the disputants; (c) to discuss such grievances and
differences with the disputants and their representatives and in the
course of such proceeding, upon the consent of all disputants and their
representatives, to appoint fact-finding boards and to arbitrate such
grievances and differences; and (d) to assist in negotiating and
drafting agreements for the adjustment in settlement of such grievances
and differences and for the termination or avoidance, as the case may
be, of the existing or threatened labor dispute.

2. The board shall have the power at the request of the parties to a
collective bargaining agreement between an employer and its employees to
arbitrate such grievances and differences as may arise thereunder and to
establish panels of qualified persons to be available to serve as
arbitrators of such grievances and differences. The board shall
promulgate regulations setting forth eligibility requirements for
inclusion on such panels, in order to ensure the availability of
qualified, accessible, affordable arbitrators.

3. In carrying out any of its work under this article, the board may
designate one of its members or an officer or employee of the board to
act in its behalf and may delegate to such designee one or more of its
duties hereunder and, for such purpose, such designee shall have all of
the powers hereby conferred upon the board in connection with the
discharge of the duty or duties so delegated.

4. No member or officer of the board having any financial or other
interest in a trade, business, industry or occupation in which a labor
dispute exists or is threatened and of which the board has taken
cognizance, shall be qualified to participate in any way in the acts or
efforts of the board in connection with the settlement or avoidance

5. Members of the board and all other employees of the board,
including any arbitrator serving on an arbitration panel established by
the board, shall not be compelled to disclose to any administrative or
judicial tribunal any information relating to, or acquired in, the
course of their official activities under this article, nor shall any
reports, minutes, written communications, or other documents of the
board pertaining to such information be subject to subpoena; except that
where the information so required indicates that the person appearing or
who has appeared before the board has been the victim or subject of a
crime, said members of the board, the executive secretary and all other
employees of the board, including any arbitrator serving on an
arbitration panel established by the board, may be required to testify
fully in relation thereto upon any examination, trial, or other
proceeding in which the commission of a crime is the subject of inquiry.