2006 New York Code - Grievance Procedure And Impartial Arbitration.

 
    §  12-312  Grievance procedure and impartial arbitration. 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 eleven hundred seventy-four of the
  charter. The board of collective  bargaining,  in  its  discretion,  may
  publish arbitration awards.
    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 underlying dispute to  any
  other  administrative  or  judicial  tribunal  except for the purpose of
  enforcing the arbitrator's award.
    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.