§ 32-9. Resolution of disputes in the course of collective negotiations., Chapter 32. Public Employee Relations, 2: PUBLIC EMPLOYEES AND EMPLOYEE RELATIONS, Part I. ADMNSTRATVE LEGSLATON, Code of Ordinances, Hempstead, Town

For purposes of this section, an impasse may be deemed to exist if the parties fail to achieve agreement at least 120 days prior to the end of the fiscal year of the Town of Hempstead.

The Town Board is hereby empowered to enter into written agreements with recognized or certified employee organizations setting forth procedures to be invoked in the event of disputes which reach an impasse in the course of collective negotiations. Such agreements may include the undertaking by each party to submit unresolved issues to impartial arbitration. In the absence or upon failure of such procedures the Town Board and employee organizations may request the Board to render assistance as provided in this section, or the Board may render such assistance on its own motion, as provided in Subsection C of this section.

Upon the request of either party or upon its own motion, as provided in Subsection B of this section, and in the event the Board determines that an impasse exists in collective negotiations between such employee organization and the Town of Hempstead as to the conditions of employment of town employees, the Board shall render assistance as follows:

[Amended 12-10-1974 by L.L. No. 119-1974, effective 12-13-1974]

(1)

To assist the parties to effect a voluntary resolution of the dispute the Board shall appoint a mediator or mediators representative of the public from a list of qualified persons maintained by the Board.

(2)

If the impasse continues the 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. The fact-finding board shall have, in addition to the powers delegated to it by the Board, the power to make public recommendations for the resolution of the dispute.

(3)

If the dispute is not resolved at least 80 days prior to the end of the fiscal year of the Town of Hempstead or by such other date determined by the Town Public Employment Relations Board to be appropriate, the fact-finding board, acting by a majority of its members:

(a)

Shall immediately transmit its finding of fact and recommendations for resolution of the dispute to the presiding supervisor and to the employee organization involved.

(b)

May thereafter assist the parties to effect a voluntary resolution of the dispute.

(c)

Shall within five days of such transmission make public such findings and recommendations.

(4)

In the event that the findings of fact and recommendations are made public by a fact-finding board appointed by the Board or established pursuant to procedures agreed upon by the parties under Subsection B of this section, and the impasse continues, the Town Public Employment Relations Board shall have the power to take whatever steps it deems appropriate to resolve the dispute, including the making of recommendations after giving due consideration to the findings of fact and recommendations of such fact-finding board, but no further fact-finding boards shall be appointed, and upon the request of the parties, said Public Employment Relations Board shall give assistance in providing for voluntary arbitration.

In the event that either the Town Board or the employee organization does not accept in whole or part the recommendations of the fact-finding board, the presiding supervisor of the Town of Hempstead shall, within 10 days after receipt of the findings of fact and recommendations of the fact-finding board, submit to the Town Board a copy of the findings of fact and recommendations of the fact-finding board, together with his recommendations for settling the dispute. The employee organization may submit to the Town Board its recommendations for settling the dispute. The Town Board, or a committee thereof duly appointed by the full Town Board, shall forthwith conduct a public hearing at which the parties shall explain their positions with respect to the report of the fact-finding board, and thereafter the Town Board shall take such action as it deems to be in the public interest, including the interest of the public employees concerned.