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SECTION 716
Grievances and disputes in non-profitmaking hospitals and residential care centers
Labor (LAB) CHAPTER 31, ARTICLE 20
§ 716. Grievances and disputes in non-profitmaking hospitals and
residential care centers. 1. As used in this section "grievance" means
any controversy or claim arising out of or relating to the
interpretation, application or breach of the provisions of an existing
collective bargaining contract. As used in this section "dispute" means
all other controversies, claims or disputes between the employees of a
non-profitmaking hospital or residential care center, or their
representatives, and such hospital or residential care center concerning
wages, hours, union security, seniority or other economic matters,
including, but not limited to, controversies, claims or disputes arising
in the course of negotiating, fixing, maintaining, changing or arranging
such terms or conditions.

2. Every collective bargaining contract between the employees of a
non-profitmaking hospital or residential care center, or their
representatives, and such hospital or residential care center which does
not contain provisions for the final and binding determination of
grievances shall be deemed to include provision for the submission of
such grievances, upon the request of either or both parties, to final
and binding arbitration pursuant to such rules as may be established
from time to time by the board.

3. Every collective bargaining contract between the employees of a
non-profitmaking hospital or residential care center, or their
representatives, and such hospital or residential care center which does
not contain provisions for the final and binding determination of
disputes shall be deemed to include provisions for:

(a) the appointment of a fact-finding commission by the board upon the
request of both parties to the dispute, or by the commissioner upon his
own motion and upon certification by such board that in its opinion
efforts to effect a voluntary settlement of the dispute have been
unsuccessful. Such fact-finding commission shall have all of the powers
and duties, including the power to make recommendations for the
settlement of the dispute, as are vested in a board of inquiry by
article twenty-two of this chapter; and

(b) the submission of the dispute to final and binding arbitration,
pursuant to such rules as may be established from time to time by the
board, by such board upon the request of both parties to the dispute, or
by the commissioner upon his own motion and upon certification by such
board that in its opinion efforts to effect a voluntary settlement of
the dispute have been unsuccessful. The commissioner or the board may
submit a dispute to final and binding arbitration pursuant to this
paragraph without first submitting it to a fact-finding commission
pursuant to the preceding paragraph of this subdivision.

4. In the absence of a collective bargaining contract between the
employees of a non-profitmaking hospital or residential care center, or
their representatives, and such hospital or residential care center, the
board and the commissioner may, in the manner and upon the conditions
provided in subdivision three of this section, exercise all of the
powers vested in them by the provisions of such subdivision of such
section.

5. Nothing in this section shall be deemed to affect, impair or alter
any collective bargaining contract between the employees of a
non-profitmaking hospital or residential care center, or their
representatives, and such hospital or residential care center which was
executed prior to July first, nineteen hundred sixty-three, during the
term of such contract.

6. (a) A petition under section seven hundred seven of this article
involving a non-profitmaking hospital or residential care center shall
be filed directly with the appellate division of the supreme court in
the department embracing the specified supreme court, and shall be heard
upon the certified transcript of the record in the proceeding before the
board, without requirement of printing. Such petition shall be heard in
a summary manner and have precedence over all other cases in such court.
An appeal may be taken to the court of appeals in the same manner and
subject to the same limitations not inconsistent herewith as is now
provided in the civil practice law and rules and a preference shall be
granted in the hearing thereof on motion of any party thereto.

(b) An application to confirm, modify, correct or vacate an
arbitration award made pursuant to the procedure established by this
section shall be made in accordance with the provisions of article
seventy-five of the civil practice law and rules, and the provisions of
paragraph (a) of this subdivision pertaining to a petition filed
thereunder shall apply to an application filed hereunder.

(c) The supreme court shall have jurisdiction, upon such notice as it
deems appropriate, to restrain or enjoin any violation of the provisions
of this section or section seven hundred thirteen and to grant such
other and further equitable relief as may be appropriate. The
provisions of section eight hundred seven of this chapter shall not
apply to an action or proceeding instituted pursuant to this section or
section seven hundred thirteen.

7. The fact-finders and arbitrators appointed pursuant to subdivision
three of this section may consider the following standards in arriving
at a final arbitration decision in disputes referred to them:

(a) the interest and welfare of the public;

(b) changes in the cost of living as they affect employees' purchasing
power;

(c) comparison of the wages, hours and conditions of employment of the
employees involved in the arbitration proceedings, and the wages, hours
and conditions of employment of employees doing the same, similar or
comparable work or work requiring the same, similar or comparable skills
and expenditures of energy and effort, giving consideration to such
factors as are peculiar to the industry involved;

(d) comparison of wages, hours and conditions of employment as
reflected in non-profitmaking hospitals and residential care centers in
other comparable areas;

(e) the security and tenure of employment with due regard for the
effect of technological changes thereon as well as the effect of any
unique skills, required training and other attributes developed in the
industry and required for the job;

(f) economic factors of the respective parties which are relevant to
the arbitration decision;

(g) such other factors not confined to the foregoing which are
normally or traditionally taken into consideration in the determination
of wages, hours and conditions of employment through voluntary
collective bargaining arbitration or otherwise between the parties or in
the industry.

8. Where the validity of a certification of representatives issued by
the board has been questioned by a refusal to bargain by a
non-profitmaking hospital or a residential care center, the provisions
of subdivision three of this section pertaining to fact-finding and
arbitration shall not apply unless and until an unfair labor practice
charge for refusal to bargain has been filed with the board. If such
unfair labor practice charge has been filed, (1) no application made
pursuant to section seventy-five hundred three of the civil practice law
and rules, or otherwise, shall be granted to stay fact-finding or
arbitration under this section; (2) the court shall consolidate the
petitions and applications filed pursuant to paragraphs (a) and (b) of
subdivision six of this section; and (3) no arbitration award made
pursuant to this subdivision shall become effective until there has been
a final determination that the labor organization has the right to
exclusive representation of the employees in the unit with respect to
which such award was made, pursuant to sections seven hundred five and
seven hundred seven of this article, provided that nothing herein shall
be interpreted to limit the discretion of the arbitrators to make such
award retroactive.

9. Notwithstanding the provisions of section eight hundred seven of
the labor law, where it appears that there may have been a violation of
section seven hundred thirteen of this article, the chief executive
officer of the non-profitmaking hospital or residential care center
involved, or, in the case of a lockout, any affected employee or his
certified representative, shall forthwith apply to the supreme court for
an injunction against such violation. If such chief executive officer,
or employee or his representative, fails or refuses to act as aforesaid,
and if the chief executive officer of the city or village in which such
hospital or center is located, or the chief executive officer of a town
with respect to such hospital or center located in the area of the town
outside any village therein, shall, in his discretion, determine that
the violation constitutes a threat to the public health, safety and
welfare of such city, village or town, as the case may be, such chief
executive officer shall so advise in writing the chief legal officer of
such city, village or town who shall forthwith apply to the supreme
court for an injunction against such violation. If an order of the court
enjoining or restraining such violation does not receive compliance,
such chief executive officer, employee or his representative, or chief
legal officer, as the case may be, shall forthwith apply to the supreme
court to punish such violation under section seven hundred fifty of the
judiciary law. As used in this paragraph, the term "chief executive
officer" shall mean (i) in the case of cities, the mayor, except in
those cities having a city manager, it shall mean such city manager;
(ii) in the case of villages, the mayor, except in those villages having
a president or manager, it shall mean such latter officer; and (iii) in
the case of towns, the supervisor or presiding supervisor.