Section 702. Employment relations board

1. There is hereby created in the
  department a board to  be  known  as  the  "New  York  state  employment
  relations  board"  which  shall be composed of five members who shall be
  appointed by the governor with the advice and consent of the senate, one
  of whom shall  be  so  appointed  on  recommendation  of  the  temporary
  president  of  the  senate,  one  of  whom  shall  be  so  appointed  on
  recommendation of the speaker of the assembly, and one of whom shall  be
  so  appointed on recommendation of the temporary president of the senate
  or the speaker of the assembly to alternate  beginning  with  the  first
  appointment  subsequent to the effective date of the chapter of the laws
  of nineteen hundred ninety-two amending this subdivision being  made  by
  the   temporary  president  of  the  senate.  All  subsequent  alternate
  appointments shall be made only upon expiration of a three year term. No
  member appointed to a three year term shall hold over. No member of  the
  board  during  his or her period of service as such shall hold any other
  public office. Members of the state employment relations  board  serving
  on  the  effective  date  of the chapter of the laws of nineteen hundred
  ninety-two amending this subdivision shall be continued  as  members  of
  the board and shall be deemed appointed to the board as of the effective
  date  of the chapter of the laws of nineteen hundred ninety-two amending
  this subdivision, and the member of the board who formerly served on the
  state mediation board shall be deemed to  be  the  member  appointed  on
  recommendation  of  the  speaker of the assembly.  Four members shall be
  appointed for  a  term  of  six  years,  and  one  member  appointed  on
  recommendation  of  either  the temporary president of the senate or the
  speaker of the assembly shall be appointed for a term  of  three  years,
  commencing  on January first, nineteen hundred ninety-three, except that
  the members serving on the effective date of the chapter of the laws  of
  nineteen hundred ninety-two amending this subdivision shall be deemed to
  occupy  terms  which  shall  expire  on  December thirty-first, nineteen
  hundred ninety-eight. The governor shall designate one member  to  serve
  as  chairperson of the board. A member chosen to fill a vacancy shall be
  appointed for the unexpired term of the member whom  he  or  she  is  to
  succeed.    Any  member  of the board may be removed by the governor for
  inefficiency, neglect of duty, misconduct or malfeasance in office,  and
  for  no  other  cause,  after  being  given a copy of the charges and an
  opportunity to be publicly heard in person or by counsel.
    2. A vacancy in the board shall not impair the right of the  remaining
  members  to  exercise  all the powers of the board, and three members of
  the board shall, at all times, constitute a quorum. The board may  adopt
  an  official seal and prescribe the purposes for which it shall be used.
  A vote of the chairperson and at least two members is required  for  the
  board  to  conduct  its business, however, a vote of four members of the
  board shall be required to override a vote of  the  chairperson,  except
  that  when  the  board  sits to exercise its powers pursuant to sections
  seven hundred five and seven hundred  six  of  this  article,  decisions
  shall be made by a majority vote of the members.
    3.  The  board shall at the end of every year make a report in writing
  to the governor, stating in detail the work it has done in  hearing  and
  deciding  cases  and  otherwise, and it shall sign and report in full an
  opinion in every case decided by it.
    4. Each member of the board shall devote his entire time to the duties
  of his office and shall not engage in any other  business,  vocation  or
  employment.  The  board  shall  appoint  an executive secretary and such
  attorneys, trial examiners and directors for local areas and such  other
  employees,  and  fix such salaries or other compensation therefor, as it
  may from time to time find necessary for the proper performance  of  its
  duties. The reasonable and necessary traveling and other expenses of the

  members  of  the  board  and  other officers and employees of the board,
  while actually engaged in the performance of their duties shall be  paid
  from  the  state treasury upon the audit and warrant of the comptroller,
  upon  vouchers  approved by the chairman. Attorneys appointed under this
  section may, at the direction of the board, appear for and represent the
  board in any case in court. The board  may  establish  or  utilize  such
  regional,  local,  or  other  agencies  and  utilize  such voluntary and
  uncompensated services as may from time to time be needed.
    5. The chairperson shall be the administrative head of the board.  All
  employees  of  the  board  shall  be  appointed  by  the  chairperson in
  accordance with the provisions of  civil  service  law  and  rules.  The
  chairperson  shall  be  responsible  for the discharge of the duties and
  functions of the  board  and  for  the  enforcement  of  the  rules  and
  regulations.
    6.  The  principal office of the board shall be in the city of Albany,
  but it may meet and exercise any or all of its powers at any other place
  within the state. The board may, by one or more of  its  members  or  by
  such agents or agencies as it may designate, conduct in any part of this
  state  any  proceeding,  hearing,  investigation,  inquiry,  or election
  necessary to the performance of its functions. A member who participates
  in any such proceeding  shall  not  be  disqualified  from  subsequently
  participating in a decision of the board in the same case.
    7. The board shall have authority from time to time to make, amend and
  rescind  such rules and regulations as may be necessary to carry out the
  provisions of this article including the determination of  the  life  of
  the  selected  representatives.  Such  rules  and  regulations  shall be
  effective  upon  publication  in  the  manner  which  the  board   shall
  prescribe.
    8.  Notwithstanding  the  provisions  of  any  other  law, neither the
  commissioner nor any board or other agency of the  department  shall  in
  any way direct, review, modify or reverse any decision or finding of the
  board  nor  shall  the  commissioner or any board or other agency of the
  department supervise or control the board in the exercise of any  powers
  or in the performance of any duties under this article.
    9.  The  board  may,  when  necessary,  appoint  or  designate special
  mediators who shall have the authority and power of members of the board
  with regard to such matter, provided that their authority and  power  to
  act for the board shall cease upon the conclusion of the specific matter
  so  assigned  to them or by revocation by the board of their appointment
  or designation.  Such special mediators shall, when performing the  work
  of  the board as aforesaid, be compensated at a rate to be determined by
  the board subject to  the  approval  of  the  director  of  the  budget,
  together with an allowance for actual and necessary expenses incurred in
  the discharge of their duties hereunder.