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a. Subject to the provisions of subdivision b of this section and subdivision c of section 12-304 of this chapter, public employers and certified or designated employee organizations shall have the duty to bargain in good faith on wages (including but not limited to wage rates, pensions, health and welfare benefits, uniform allowances and shift premiums), hours (including but not limited to overtime and time and leave benefits), working conditions and provisions for the deduction of dues from the wages or salaries of employees in the appropriate bargaining unit and for the payment of the sums so deducted to the certified or designated employee organization, subject to applicable state law, except that:
(1) with respect to those employees whose wages are determined under section two hundred twenty of the labor law, the duty to bargain in good faith over wages and supplements shall be governed by said section;
(2) matters which must be uniform for all employees subject to the career and salary plan, such as overtime and time and leave rules, shall be negotiated only with a certified employee organization, council or group of certified employee organizations designated by the board of certification as being the certified representative or representatives of bargaining units which include more than fifty percent of all such employees, but nothing contained herein shall be construed to deny to a public employer or certified employee organization the right to bargain for a variation or a particular application of any city-wide policy or any term of any agreement executed pursuant to this paragraph where considerations special and unique to a particular department, class of employees, or collective bargaining unit are involved;
(3) matters which must be uniform for all employees in a particular department shall be negotiated only with a certified employee organization, council or group of certified employees organizations designated by the board of certification as being the certified representative or representatives of bargaining units which include more than fifty percent of all employees in the department;
(4) all matters, including but not limited to pensions, overtime and time and leave rules which affect employees in the uniformed police, fire, sanitation and correction services, or any other police officer as defined in subdivision thirty-four of section 1.20 of the criminal procedure law who is also defined as a police officer in this code, shall be negotiated with the certified employee organizations representing the employees involved. For purposes of this paragraph only:
(i) employees of the uniformed fire service shall also include persons employed at any level of position or service by the fire department of the city of New York as fire alarm dispatchers and supervisors of fire alarm dispatchers, fire protection inspectors and supervisors of fire protection inspectors, emergency medical technicians and advanced emergency medical technicians, as those terms are defined in section three thousand one of the public health law, and supervisors of emergency medical technicians or advanced emergency medical technicians;
(ii) employees of the uniformed police service shall also include persons employed at any level of position or service by the police department of the city of New York as traffic enforcement agents and supervisors of traffic enforcement agents, and school safety agents and supervisors of school safety agents; and
(iii) employees of the uniformed sanitation service shall also include persons employed at any level of position or service by the sanitation department of the city of New York as sanitation enforcement agents and supervisors of sanitation enforcement agents;
(5) all matters, including but not limited to pensions, overtime and time and leave rules which affect the following employees at any level of position or service in the following agencies shall be negotiated with the certified employee organizations representing the employees involved:
(i) persons employed by the department of homeless services of the city of New York as special officers, senior special officers, supervising special officers and principal special officers;
(ii) persons employed by the department of health and mental hygiene of the city of New York as special officers, senior special officers, supervising special officers and principal special officers;
(iii) [Repealed.]
(iv) persons employed by the human resources administration of the city of New York as special officers, senior special officers, supervising special officers and principal special officers;
(v) persons employed by the administration for children's services of the city of New York as special officers, senior special officers, supervising special officers and principal special officers;
(vi) persons employed by the taxi and limousine commission of the city of New York as taxi and limousine inspectors, supervising taxi and limousine inspectors, senior taxi and limousine inspectors and associate taxi and limousine inspectors;
(vii) persons employed by the department of transportation of the city of New York as parking control specialists and associate parking control specialists;
(viii) persons employed by the department of parks and recreation of the city of New York as urban park rangers and associate urban park rangers; and
(ix) persons employed by the department of finance of the city of New York as deputy sheriffs, supervising deputy sheriffs and administrative sheriffs.
(6) matters involving pensions for employees other than those in the uniformed forces referred to in paragraph four hereof, shall be negotiated only with a certified employee organization, council or group of certified employee organizations designated by the board of certification as representing bargaining units which include more than fifty percent of all employees included in the pension system involved.
b. It is the right of the city, or any other public employer, acting through its agencies, to determine the standards of services to be offered by its agencies; determine the standards of selection for employment; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work. Decisions of the city or any other public employer on those matters are not within the scope of collective bargaining, but, notwithstanding the above, questions concerning the practical impact that decisions on the above matters have on terms and conditions of employment, including, but not limited to, questions of workload, staffing and employee safety, are within the scope of collective bargaining.
c. It shall be the policy of the city of New York that, to the extent not inconsistent with law, the city shall make benefits available to the domestic partners of city employees on the same basis as the city makes benefits available to the spouses of city employees.
(Am. L.L. 2022/025, 1/9/2022, eff. 2/8/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1998/027, L.L. 2001/018, L.L. 2001/019, L.L. 2005/056 and L.L. 2010/061.
a. Any order of the board of collective bargaining or the board of certification shall be (1) reviewable under article seventy-eight of the civil practice law and rules upon petition filed by an aggrieved party within thirty days after service by registered or certified mail of a copy of such order upon such party, and (2) enforceable by the supreme court in a special proceeding, upon petition of the board of collective bargaining, board of certification or any aggrieved party.
b. If a proceeding by the board for enforcement of its order is instituted prior to the expiration of the period within which a party may seek judicial review of such order, the respondent may raise in his or her answer the questions authorized to be raised by section seven thousand eight hundred three of the civil practice law and rules and thereafter the proceedings shall be governed by the provisions of article seventy-eight of the civil practice law and rules that are not inconsistent herewith, except that if an issue specified in question four of section seven thousand eight hundred three of the civil practice law and rules is raised, the proceeding shall be transferred for disposition to the appellate division of the supreme court. Where an issue specified in question four of section seven thousand eight hundred three of the civil practice law and rules is raised, either in a proceeding to enforce or review an order of the board, the appellate division of the supreme court, upon completion of proceedings before it, shall remit a copy of its judgment or order to the court in which the proceeding was commenced, which court shall have the power to compel compliance with such judgment or order.
c. In a proceeding to enforce or review an order of the board, the court shall have power to grant such temporary relief or restraining order as it deems just and proper, and to make and enter a judgment or decree enforcing, modifying and enforcing as so modified, or setting aside in whole or in part the order of the board.
a. Board of collective bargaining. The board of collective bargaining, in addition to such other powers and duties as it has under this chapter and as may be conferred upon it from time to time by law, shall have the power and duty:
(1) on the request of a public employer or public employee organization which is a party to a disagreement concerning the interpretation or application of the provisions of this chapter, to consider such disagreement and report its conclusion to the parties and the public;
(2) on the request of a public employer or certified or designated employee organization to make a final determination as to whether a matter is within the scope of collective bargaining;
(3) on the request of a public employer or a certified or designated employee organization which is party to a grievance, to make a final determination as to whether a dispute is a proper subject for grievance and arbitration procedure established pursuant to section 12-312 of this chapter;
(4) to prevent and remedy improper public employer and public employee organization practices, as such practices are listed in section 12-306 of this chapter. For such purposes, the board of collective bargaining is empowered to establish procedures, make final determinations, and issue appropriate remedial orders;
(5) to recommend any needed changes in the provisions of this chapter or of an executive order;
(6) to hold hearings and compel the attendance of witnesses and the production of documents;
(7) to adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties including rules and regulations governing the procedures to be followed by mediation and impasse panels constituted pursuant to subdivision b or c of section 12-311 of this chapter;
(8) where either party to collective bargaining negotiations has rejected in whole or in part the recommendations of an impasse panel, to review such recommendations as provided in paragraph four of subdivision c of section 12-311 of this chapter.
b. Board of certification. The board of certification, in addition to such other powers and duties as it has under this chapter and as may be conferred upon it from time to time by law, shall have the power and duty:
(1) to make final determinations of the units appropriate for purposes of collective bargaining between public employers and public employee organizations, which units shall be such as shall assure to public employees the fullest freedom of exercising the rights granted hereunder and under executive orders, consistent with the efficient operation of the public service, and sound labor relations, provided that in any case involving a petition for certification where supervisory or professional employees petition to be represented for purposes of collective bargaining separate and apart from non-supervisory or non-professional employees, or where a petition for certification has been filed requesting a unit of supervisory and non-supervisory or a unit of professional and non-professional employees and the public employer objects thereto, the board of certification shall not include such supervisory or professional employees in a bargaining unit which includes non-supervisory or non-professional employees respectively unless a majority of the supervisory or professional employees voting in an election vote in favor thereof;
(2) to determine the majority representative of the public employees in an appropriate collective bargaining unit by conducting secret-ballot elections or by utilizing any other appropriate and suitable method designed to ascertain the free choice of a majority of such employees, to certify the same as the exclusive bargaining representative thereof; to designate representatives; and to determine the length of time during which such certification or designation shall remain in effect and free from challenge or attack;
(3) to decertify as exclusive bargaining representative an employee organization which has been found by secret-ballot election no longer to be the majority representative, or which shall otherwise become ineligible for certification under the provisions of this chapter, and to terminate or vacate designations of representatives;
(4) to determine whether specified public employees are managerial or confidential within the meaning of subdivision seven of section two hundred one of the civil service law and thus are excluded from collective bargaining;
(5) to hold hearings and compel the attendance of witnesses and the production of documents; and
(6) to adopt rules and regulations for the conduct of its business and the carrying out of its powers and duties, including rules relating to the standards for determination of bargaining units.
c. Director. The director in addition to such other powers and duties as he or she has under this chapter and as may be conferred upon such director from time to time by law, shall have the power and duty:
(1) To oversee adherence to the provisions of this chapter and to administer the provisions of section 12-311 of this chapter and the rules and regulations adopted by the board of collective bargaining, subject to the direction of such board;
(2) To administer the provisions of subdivision b of this section and the rules and regulations adopted by the board of certification, subject to the direction of such board;
(3) To maintain communication with public employers and public employee organizations engaged in collective bargaining negotiations, to facilitate such negotiations by furnishing at the request of both parties, such data or information as may aid them therein, and, if such director determines that either party is remiss in its obligations, to communicate this information as he or she deems appropriate;
(4) On the request of the mayor, to make available the mediation, impasse, and arbitration services of the office of collective bargaining to public employers and public employee organizations not otherwise entitled to make use thereof at a cost to them to be determined by the board; and
(5) To direct the operations of the staff of the office of collective bargaining.
a. Meetings of board of collective bargaining.
(1) The board of collective bargaining shall hold special meetings upon the call of the director or the request of any two members. Written notice of all regular and special meetings, including agendas and amendments to agendas shall be given to each board member, including alternate members, not more than ten days nor less than one day prior to any such meeting. A quorum shall consist of one city member, one labor member and one impartial member or of any four members.
(2) The board of collective bargaining, or such members thereof as it may designate, shall conduct meetings between representatives of the city responsible for labor relations and representatives of the municipal labor committee at least twice a year, and at such other times as the director determines. These meetings shall not take up grievances or negotiate changes in wages, hours, or working conditions, but shall deal with problems of general application, including those arising out of the administration of the procedures set forth in this chapter. The director shall also from time to time convene similar meetings between representatives of particular employers and certified employee organizations.
b. Meetings of board of certification. The board of certification shall hold regular and special meetings upon the call of the chairperson or of the other two members, but shall meet at least ten times a year. Two members shall constitute a quorum.
c. Vote required. Except as otherwise specifically provided, all actions, determinations, findings, and recommendations of the board of collective bargaining and the board of certification shall be by majority vote of members present and voting. In the absence of a city or labor member, or in the event of a vacancy, an alternate member of the board of collective bargaining may vote in the place and stead of the member for whom he or she is the alternate, or on account of whom the vacancy exists.
d. Promulgation of rules. Rules and amendments to rules promulgated by the board of collective bargaining or the board of certification shall be in conformity with the requirements of chapter forty-five of the city charter.
a. Bargaining notices.
(1) At such time prior to the expiration of a collective bargaining agreement as may be specified therein (or, if no such time is specified, at least ninety but not more than one hundred fifty days prior to expiration of the agreement) a public employer, or a certified or designated employee organization, which desires to negotiate on matters within the scope of bargaining shall send the other party (with a copy to the director) a notice of the desire to negotiate a new collective bargaining agreement on such matters. The parties shall commence negotiations within ten days after receipt of such a bargaining notice, unless such time is extended by agreement of the parties, or by the director or the board of collective bargaining.
(2) At any time after a public employee organization has been newly certified or designated to represent the public employees in a designated bargaining unit, the public employer or the newly certified or designated employee organization, if it desires to negotiate on matters within the scope of collective bargaining, may send the other party (with a copy to the director) a bargaining notice for the terms of a collective bargaining agreement on such matters. The parties shall commence negotiations within ten days after receipt of such a bargaining notice, unless such time is extended by agreement of the parties, or by the director or the board of collective bargaining.
(3) Nothing herein shall authorize or require collective bargaining between parties to a collective bargaining agreement during the term thereof, except that such parties may engage in collective bargaining during such term on a matter within the scope of collective bargaining where (a) the matter was not specifically covered by the agreement or raised as an issue during the negotiations out of which such agreements arose and (b) there shall have arisen a significant change in circumstances with respect to such matter, which could not reasonably have been anticipated by both parties at the time of the execution of such agreement.
b. Mediation panels.
(1) The office of collective bargaining shall maintain a register of mediators who have been approved for listing thereon by the board of collective bargaining.
(2) If the director, upon the request of a party or upon his or her own initiative determines that collective bargaining negotiations between a public employer and a certified or designated employee organization would be aided by mediation, he or she shall appoint a mediation panel from such register to assist the parties in arriving at an agreement. A mediation panel shall not be appointed less than thirty days after the commencement of negotiations, unless requested by both parties. It shall be the duty of the parties to cooperate with the mediation panel to arrive at an agreement.
(3) The mediation panel shall perform its duties under the general direction and guidance of the director, to whom it shall report.
c. Impasse panels.
(1) The office of collective bargaining shall maintain a register of impasse panel members who have been approved for listing thereon by a majority of the entire board of collective bargaining, including at least one city member and one labor member.
(2) If the board of collective bargaining, upon recommendation of the director, determines that collective bargaining negotiations (with or without mediation) between a public employer and a certified or designated employee organization have been exhausted, and that the conditions are appropriate for the creation of an impasse panel, it shall promptly instruct the director to appoint such a panel. The director may also appoint an impasse panel upon request of both parties. In appointing a panel, the director shall submit to the parties a single list of seven persons from the register of impasse panel members, and each party shall inform the director of its preferences. To the extent the preferences disclose agreement, the person or persons agreed upon shall be appointed to the impasse panel; to the extent the preferences are not in agreement, the director shall proceed to designate the members of such panel from the register. Each party may at its own expense designate a consultant to an impasse panel, who shall be available to the panel for assistance.
(3) (a) An impasse panel shall have power to mediate, hold hearings, compel the attendance of witnesses and the production of documents, review data, and take whatever action it considers necessary to resolve the impasse. If an impasse panel is unable to resolve an impasse within a reasonable period of time, as determined by the director, it shall, within such period of time as the director prescribes, render a written report containing findings of fact, conclusions, and recommendations for terms of settlement.
(b) An impasse panel appointed pursuant to paragraph two of this subdivision c shall consider wherever relevant the following standards in making its recommendations for terms of settlement:
(i) comparison of the wages, hours, fringe benefits, conditions and characteristics of employment of the public employees involved in the impasse proceeding with the wages, hours, fringe benefits, conditions and characteristics of employment of other employees performing similar work and other employees generally in public or private employment in New York city or comparable communities;
(ii) the overall compensation paid to the employees involved in the impasse proceeding, including direct wage compensation, overtime and premium pay, vacations, holidays and other excused time, insurance, pensions, medical and hospitalization benefits, food and apparel furnished, and all other benefits received;
(iii) changes in the average consumer prices for goods and services, commonly known as the cost of living;
(iv) the interest and welfare of the public;
(v) such other factors as are normally and customarily considered in the determination of wages, hours, fringe benefits, and other working conditions in collective bargaining or in impasse panel proceedings.
(c) The report of an impasse panel shall be confined to matters within the scope of collective bargaining. Unless the mayor agrees otherwise, an impasse panel shall make no report concerning the basic salary and increment structure and pay plan rules of the city's career and salary plan. If an impasse panel makes a recommendation on a matter which requires implementation by a body, agency or official which is not a party to the negotiations: (i) it shall address such recommendation solely to such other body, agency or official; (ii) it shall not recommend or direct that the municipal agency or other public employer which is party to the negotiations shall support such recommendation; and (iii) it may recommend whether a collective bargaining agreement should be concluded prior to such implementation. Any alternative recommendations proposed by an impasse panel in the event such implementation does not occur shall not exceed the total cost of the original recommendations.
(d) The report of an impasse panel shall be submitted to the parties to the negotiations, to any other body, agency or official whose action is required to implement the panel's recommendations, and to the director. The director shall, with the advice and guidance of the board of collective bargaining, determine the time at which such report shall be released to the public, which shall not be later than seven days after its submission or, upon agreement of the parties and approval of the director, not later than thirty days after its submission, provided that if the parties conclude a collective bargaining agreement prior to the date on which the report is to be released, the report shall not be released except upon consent of the parties.
(e) Acceptance or rejection. Within ten days after submission of the panel's report and recommendations, or such additional time not exceeding thirty days as the director may permit, each party shall notify the other party and the director, in writing, of its acceptance or rejection of the panel's recommendations. Failure to so notify shall be deemed acceptance of the recommendations. The director may release the acceptance or rejections to the public at such time as the director, in his or her discretion, may deem advisable. Upon acceptance by all parties or ten days after the latest rejection by any party, unless an appeal is earlier filed with the board pursuant to subparagraph (a) of paragraph four of this subdivision, the recommendation shall become final and binding and shall constitute an award within the meaning of article seventy-five of the civil practice law and rules, provided, however, that any provisions of such award the implementation of which requires the enactment of a law shall not become binding until the appropriate legislative body enacts such law.
(4) Review of impasse panel recommendations:
(a) A party who rejects in whole or in part the recommendation of an impasse panel as provided in subparagraph (e) of paragraph three of this subdivision may appeal to the board of collective bargaining for review of the recommendations of the impasse panel by filing a notice of appeal with said board within ten days of such rejection. The notice of appeal shall also be served upon the other parties within said time. Upon failure to appeal within the time provided herein, the recommendations shall be final and binding upon the party failing to so appeal, as provided in subparagraph (e) of paragraph three of this subdivision, except that the board, upon its own initiative, may review recommendations which have been rejected. Panel recommendations which, pursuant to the provisions of this subparagraph, become final and binding on both parties shall constitute an award within the meaning of article seventy-five of the civil practice law and rules, provided, however, that any provision of such award the implementation of which requires the enactment of a law shall not become binding until the appropriate legislative body enacts such law.
(b) The notice of appeal shall specify the grounds upon which the appeal is taken, the alleged errors of the panel, and the modifications requested. The board shall afford the parties a reasonable opportunity to argue orally before it or to submit briefs, or may permit both argument and briefs. Review of the recommendations shall be based upon the record and evidence made and produced before the impasse panel and the standards set forth in subparagraph (b) of paragraph three of this subdivision and shall include consideration of issues, if any, of conformity of the recommendations with any law or regulation properly governing the conduct of collective bargaining between the city of New York and its employees, provided, however, that when an appeal is taken to the board on any of the grounds of prejudice set forth in subparagraph (i), (ii) or (iii) of paragraph one of subdivision (b) of section seventy-five hundred eleven of the civil practice law and rules, review shall also be based upon the record made in any hearing which the board may direct on such issues, provided, however, that the board orders such hearing within thirty days of the filing of the notice of appeal.
(c) Upon such review, the board may affirm or modify the panel recommendations in whole or in part. A modification of the recommendations shall be by the vote of a majority of the board. The board may also set aside the recommendations of an impasse panel in whole or in part if it finds that the rights of a party have been prejudiced on any of the grounds set forth in subparagraph (i), (ii) or (iii) of paragraph one of subdivision b of section seventy-five hundred eleven of the civil practice law and rules. An order setting aside a recommendation of such grounds shall be based on a written decision and shall be made upon a vote of a majority of the board. A member of the board who has acted as a member of an impasse panel shall not be disqualified from subsequently participating in a decision or determination of the board in the same dispute.
(d) The recommendations of the impasse panel shall be deemed to have been adopted by the board if the board fails to issue a final determination within thirty days of filing of the notice of appeal, or within forty days of a notification of rejection to the director of the board where the board, upon its own initiative, reviews the panel's recommendations, provided, however, that when a hearing is ordered pursuant to subparagraph (b) of this paragraph four relating to allegations of prejudice, the impasse panel's recommendations shall be deemed to have been adopted by the board only if the board fails to issue a determination thereon within thirty days after the close of such hearing, and provided further, that the director may extend the thirty day or forty day periods mentioned in this subparagraph for an additional period not to exceed thirty days.
(e) Notwithstanding the provisions of this paragraph four, and except for purposes of judicial review, any provision of a determination of the board of collective bargaining the implementation of which requires the enactment of a law shall not become binding until the appropriate legislative body enacts such law.
(f) A final determination of the board pursuant either to subparagraph (c) or (d) of this paragraph four shall be binding upon the parties. Such a final determination shall constitute an award within the meaning of article seventy-five of the civil practice law and rules.
d. Preservation of status quo. During the period of negotiations between a public employer and a public employee organization concerning a collective bargaining agreement, and, if an impasse panel is appointed during the period commencing on the date on which such panel is appointed and ending sixty days thereafter or thirty days after the panel submits its report, whichever is sooner, provided, however, that upon motion of the panel, and for good cause shown, the board of collective bargaining may allow a maximum of two sixty-day extensions of time for the completion of impasse panel proceedings, provided further, that additional extensions of time for the completion of impasse panel proceedings may be granted by the panel upon the joint request of the parties, and during the pendency of any appeal to the board of collective bargaining pursuant to subdivision c of this section, the public employee organization party to the negotiations, and the public employees it represents, shall not induce or engage in any strikes, slowdowns, work stoppages, or mass absenteeism, nor shall such public employee organization induce any mass resignations, and the public employer shall refrain from unilateral changes in wages, hours, or working conditions. This subdivision shall not be construed to limit the rights of public employers other than their right to make such unilateral changes, or the rights and duties of public employees and employee organizations under state law. For the purpose of this subdivision the term "period of negotiations" shall mean the period commencing on the date on which a bargaining notice is filed and ending on the date on which a collective bargaining agreement is concluded or an impasse panel is appointed.
e. Number of members on panels; vote required.
(1) Mediation and impasse panels shall consist of such odd number of persons (one or more) as may be agreed upon by the parties to the negotiations, or, in the absence of such agreement, as shall be deemed appropriate by the director.
(2) All actions, determinations, findings and recommendations of an impasse panel shall be by majority vote.
f. Anything in this chapter notwithstanding, public employers and certified or designated employee organizations hereby are empowered to enter into written agreements setting forth procedures to be invoked in the event of an impasse in collective bargaining negotiations, and such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration, provided that (1) if the agreement between the parties fails to provide procedures which result in a final determination of all issues, then all unresolved issues between the parties shall be subject to the provisions of subdivision c of this section or so much thereof as may be applicable under the circumstances, and (2) questions, issues or disputes as to arbitrability or the scope of collective bargaining shall be determined by the board of collective bargaining only.
a. The board of collective bargaining shall maintain a register of arbitrators who have been approved for listing thereon by a majority of the entire board of collective bargaining including at least one city member and one labor member. The board of collective bargaining shall establish procedures for impartial arbitration which may be incorporated into executive orders and collective bargaining agreements between public employers and public employee organizations.
b. Executive orders, and collective bargaining agreements between public employers and public employee organizations, may contain provisions for grievance procedures, in steps terminating with impartial arbitration of unresolved grievances. Such provisions may provide that the arbitrator's award shall be final and binding and enforceable in any appropriate tribunal in accordance with the applicable law governing arbitration, except that awards as to grievances concerning assignment of employees to duties substantially different from those stated in their job classifications, or the use of open-competitive rather than promotional examinations, shall be final and binding and enforceable only to the extent permitted by law.
c. Arbitrators appointed under arbitration provisions relating to municipal agencies shall be persons on the register of the board of collective bargaining. The costs of such arbitration shall be determined and allocated pursuant to section 1174 of the charter. The board of collective bargaining, in its discretion, may publish arbitration awards. To the extent the certified employee organization grants permission to proceed to a non-member of the employee organization pursuant to paragraph (3) of subdivision g of this section, the non-member shall be responsible for the public employee organization's share of any costs associated with the grievance or arbitration pursuant to section 1174 of the charter.
d. As a condition to the right of a municipal employee organization to invoke impartial arbitration under such provisions, the grievant or grievants and such organization shall be required to file with the director a written waiver of the right, if any, of said grievant or grievants and said organization to submit the contractual dispute being alleged under a collective bargaining agreement to any other administrative or judicial tribunal except for the purpose of enforcing the arbitrator's award. This subdivision shall not be construed to limit the rights of any public employee or public employee organization to submit any statutory or other claims to the appropriate administrative or judicial tribunal.
e. Public employees and public employee organizations shall not induce or engage in any strikes, slowdowns, work stoppages, or mass absenteeism nor shall public employee organizations induce any mass resignations during the term of a collective bargaining agreement. A provision to that effect shall be inserted in all written collective bargaining agreements between public employers and public employee organizations. This subdivision shall not be construed to limit the rights of public employers or the duties of public employees and employee organizations under state law.
f. It is hereby declared to be the policy of the city that written collective bargaining agreements with certified or designated employee organizations should contain provisions for grievance procedures and impartial binding arbitration, which may be invoked by a public employer or by a certified or designated employee organization.
g. An employee may present his or her own grievance either personally or through an appropriate representative, provided that:
(1) a grievance relating to a matter referred to in paragraph two, three or five of subdivision a of section 12-307 of this chapter may be presented and processed only by the employee or by the appropriate designated representative or its designee, but only the appropriate designated representative or its designee shall have the right to invoke and utilize the arbitration procedure provided by executive order or in the collective agreement to which the designated representative is a party; and provided further that
(2) any other grievance of an employee in a unit for which an employee organization is the certified collective bargaining representative may be presented and processed only by, the employee or by the certified employee organization, but only the certified employee organization shall have the right to invoke and utilize the arbitration procedure provided by executive order or in the collective agreement to which the certified representative is a party; and provided further that
(3) a designated or certified employee organization may permit a non-member of such employee organization to proceed, including through arbitration, without representation by the employee organization and be represented by his or her own advocate for matters excluded from the duty of fair representation pursuant to paragraph (3) of subdivision b of section 12-306. In such matters, the employee organization retains the right to participate in the proceeding.
(Am. L.L. 2022/025, 1/9/2022, eff. 2/8/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2012/039.
Membership in the municipal labor committee shall be open to any certified employee organization as defined in this chapter and which is otherwise eligible for membership under the rules of such committee. The board of collective bargaining may, upon the request of any certified employee organization, abrogate any rule of such committee relating to voting or eligibility for membership which it determines to be arbitrary or discriminatory, provided that prior to any such abrogation such committee shall be given an opportunity on at least ten days' notice to be heard thereon.
a. Any employee organization which (1) discriminates with regard to the terms and conditions of membership because of race, color, creed, religion, disability, gender, sexual orientation, age, or national origin, or (2) is engaged in or advocates the violent overthrow of the government of the United States or of any state or any political subdivision thereof shall be ineligible for certification as an exclusive bargaining representative. For purposes of this section, the finding of a court or an administrative tribunal of competent jurisdiction that an employee organization has engaged in discrimination upon one of the above bases in a particular case shall not be dispositive of the question of that employee organization's eligibility for certification unless it is also found that the employee organization has engaged in a pattern or practice of such discrimination generally.
b. No organization seeking or claiming to represent members of the police force of the police department shall be certified if such organization (i) admits to membership, or is affiliated directly or indirectly with an organization which admits to membership, employees other than members of the police force of the police department, or (ii) advocates the right to strike.
c. Certificates or designations issued by the department of labor prior to the effective date of this chapter and in effect on such date shall remain in effect until terminated by the board of certification pursuant to its rules. Nothing contained in this subdivision shall limit the power of the board of certification to determine bargaining units differing from those determined by the department of labor.
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