Request Binding Arbitration – Public Employee Organizations
[A] public employer that is a fiscally eligible municipality, as defined in section 160.05 of the local finance law, and is otherwise subject to subdivision four of this section, upon resolution of its governing body with the concurrence of its chief executive officer, and a public employee organization subject to subdivision four of this section may, jointly, stipulate and agree that an impasse exists, at any time, with respect to collective negotiations between the parties for a collective bargaining agreement and, in lieu of commencing a proceeding under subdivision four of this section, may jointly request that the financial restructuring board for local governments, established in section 160.05 of the local finance law, resolve such impasse.
Civil Service Law §209 (4-a) (a)
Please note that this form is only to be completed by authorized public employee organization officials after their municipality’s governing board has adopted a resolution requesting binding arbitration with the concurrence of the municipality’s chief executive and the public employee organization. Each request must include a resolution and written documentation of the chief executive’s concurrence and the public employee organization’s concurrence to be considered. Complete submission by each of the municipality and the public employee organization is necessary to commence the process.
Resolution
In order to request binding arbitration from the Board, the governing board of a municipality must adopt a resolution asking the Board to undertake such action. The resolution must be submitted along with written documentation of the support of the municipality’s chief executive. In addition, the public employee organization must also submit its written documentation supporting the request for a Binding Arbitration Determination.
Binding Arbitration Request Form
(Information submitted may be subject to Freedom of Information Law (FOIL) provisions)
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