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This entry was published on 2014-09-22
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SECTION 473
Impasses in coalition negotiations
Retirement & Social Security (RSS) CHAPTER 51-A, ARTICLE 12
§ 473. Impasses in coalition negotiations. (a) In the event of an
impasse occurring during the course of coalition negotiations either the
employer coalition or the employee organization coalition may declare
impasse no earlier than September fifteenth or later than October first
in any year. Notice of impasse shall be filed with the public employment
relations board created pursuant to article fourteen of the civil
service law.

(b) Forthwith after receipt of the notice of impasse the public
employment relations board shall appoint a fact finding board of not
more than three members, each representative of the public, from a list
of qualified persons maintained by the board, which fact finding board
shall have, in addition to the powers delegated to it by the public
employment relations board, the power to make public recommendations for
the resolution of the dispute.

(c) If the dispute is not resolved by November fifteenth prior to the
legislative session at which implementation of any changes described by
section four hundred seventy-one of this article will be sought, the
fact finding board shall transmit its findings of fact and
recommendations to the coalition parties and to the public employment
relations board.

(d) In the event either of the coalition parties to the impasse does
not accept the recommendations of the fact finding board, such coalition
party may submit its position with respect to such recommendations of
the fact finding board to the public employment relations board and to
the other coalition party to the impasse.

(e) The public employment relations board shall cause such
recommendation of the fact finding board and the positions of the
parties to be made public prior to December first and shall hold public
hearings thereon. In addition to the powers vested in the public
employment relations board by law, it may require the assistance of
representatives of any public retirement system or any public employer
or employee organization as defined in article fourteen of the civil
service law and may request or permit, in its discretion, the testimony
of any person or organization whose testimony would assist in the
resolution of the dispute in the public interest.

(f) On or before January fifteenth following such notice of impasse or
thirty days following the close of such hearings whichever first occurs,
the public employment relations board shall present its recommendations
with respect to the impasse to the governor, the legislature and the
parties to the impasse.

(g) The legislature or a duly authorized committee thereof shall
forthwith conduct a public hearing at which the parties shall be
required to explain their positions with respect to the issues and the
recommendations of the fact finding board and the public employment
relations board; thereafter, the legislature shall take such action as
it deems to be in the public interest, including the interest of the
public employees involved.