N.Y. Comp. Codes R. & Regs. tit. 12 § 314.2

Current through Register Vol. 46, No. 51, December 18, 2024

Section 314.2 - Review process for collective bargaining agreements

(a) When an employer and union enter into a collective bargaining agreement that establishes an alternative dispute resolution system for claims arising under the Workers' Compensation Law as authorized by section 25(2-c), the parties shall submit the following to the office of the chair at least 30 days prior to the proposed commencement date of such alternative system:

(1) a copy of the collective bargaining agreement;

(2) a statement of the approximate number of employees to be covered thereby;

(3) an affirmation that the business activity covered by the collective bargaining agreement is classified under one or more of sections 220, 240 and 241 of the Labor Law;

(4) evidence that the particular union is a recognized or certified exclusive bargaining representative of the covered employees;

(5) the name, address, and telephone number of a contact person of the employer and the union.

Within 30 days after receiving the proposed agreement, the chair or the chair's designee shall review the agreement for compliance with section 25(2-c) and these rules and shall notify the parties either that the agreement is not in compliance and recommend appropriate action to bring the agreement into compliance or that the agreement is in compliance.

(b) Subsequent to its original submission, employers must submit to the office of the chair a copy of their collective bargaining agreement annually and whenever it is renegotiated.

(c) Employers that contract with an insurance carrier for workers' compensation coverage shall submit a statement signed by their insurance carrier expressing the carrier's consent to the workers' compensation claims provision contained within the collective bargaining agreement. Employers that do not contract with an insurance carrier and that seek the chair's review of a program authorized by section 25(2-c) shall submit proof of self insurance on board form SI-12.

(d) The alternative dispute resolution process set forth in collective bargaining agreements for workers' compensation claims shall adhere to the following procedural requirements:

(1) adequate and timely notice of all proceedings must be given to the necessary parties;

(2) the time, place and manner established for mediation and arbitration must be fair and practical for all parties;

(3) the alternative dispute resolution process shall provide a mechanism for the resolution of contested issues, which may include but is not limited to mediation or arbitration;

(4) all mediators and arbitrators must be agreed upon by the employer and the union;

(5) a report of injury shall be submitted to the board on an ADR-1 form by the party designated in the agreement within 10 days after the accident occurs. The board will assign a file number to the claim;

(6) reasonable time periods must be established for the various procedural stages provided in the agreement;

(7) appropriate records shall be maintained for all claims;

(8) at all times, parties are obligated to make a good faith attempt to resolve disputes;

(9) settlement of disputes may occur at any time during process;

(10) all costs associated with the administration of the alternative dispute resolution process, including, but not limited to the services of the arbitrator, shall be the responsibility of the employer.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 314.2