Section 702-A. Settlement of labor disputes  


Latest version.
  • 1. Upon its own motion, in an
      existing, imminent or threatened labor dispute, the board may and,  upon
      the direction of the governor, the board shall take such steps as it may
      deem   expedient   to  effect  a  voluntary,  amicable  and  expeditious
      adjustment and settlement of the differences and issues between employer
      and employees which have precipitated or culminated in or threatened  to
      precipitate  or  culminate  in  such  labor  dispute.  In  providing its
      services, the board shall take into consideration and make  all  parties
      aware  of  the  availability  of  other  mediation services, such as the
      federal mediation and conciliation service, and shall make every  effort
      to give priority to those parties which do not have access to such other
      services. To this end, it shall be the duty of the board: (a) to arrange
      for, hold, adjourn, or reconvene a conference or conferences between the
      disputants  and/or  one  or more of their representatives; (b) to invite
      the disputants and/or their representative to  attend  such  conferences
      and  submit,  either  orally  or  in  writing,  the  grievances  of  and
      differences between the disputants; (c) to discuss such  grievances  and
      differences  with  the  disputants  and their representatives and in the
      course of such proceeding, upon the consent of all disputants and  their
      representatives,  to  appoint  fact-finding boards and to arbitrate such
      grievances and  differences;  and  (d)  to  assist  in  negotiating  and
      drafting  agreements for the adjustment in settlement of such grievances
      and differences and for the termination or avoidance, as  the  case  may
      be, of the existing or threatened labor dispute.
        2.  The  board shall have the power at the request of the parties to a
      collective bargaining agreement between an employer and its employees to
      arbitrate such grievances and differences as may arise thereunder and to
      establish panels of qualified  persons  to  be  available  to  serve  as
      arbitrators   of  such  grievances  and  differences.  The  board  shall
      promulgate  regulations  setting  forth  eligibility  requirements   for
      inclusion  on  such  panels,  in  order  to  ensure  the availability of
      qualified, accessible, affordable arbitrators.
        3. In carrying out any of its work under this article, the  board  may
      designate  one  of its members or an officer or employee of the board to
      act in its behalf and may delegate to such designee one or more  of  its
      duties  hereunder and, for such purpose, such designee shall have all of
      the powers hereby conferred  upon  the  board  in  connection  with  the
      discharge of the duty or duties so delegated.
        4.  No  member  or  officer of the board having any financial or other
      interest in a trade, business, industry or occupation in which  a  labor
      dispute  exists  or  is  threatened  and  of  which  the board has taken
      cognizance, shall be qualified to participate in any way in the acts  or
      efforts  of  the  board  in  connection with the settlement or avoidance
      thereof.
        5. Members of  the  board  and  all  other  employees  of  the  board,
      including  any arbitrator serving on an arbitration panel established by
      the board, shall not be compelled to disclose to any  administrative  or
      judicial  tribunal  any  information  relating  to,  or acquired in, the
      course of their official activities under this article,  nor  shall  any
      reports,  minutes,  written  communications,  or  other documents of the
      board pertaining to such information be subject to subpoena; except that
      where the information so required indicates that the person appearing or
      who has appeared before the board has been the victim or  subject  of  a
      crime,  said members of the board, the executive secretary and all other
      employees  of  the  board,  including  any  arbitrator  serving  on   an
      arbitration  panel  established by the board, may be required to testify
      fully  in  relation  thereto  upon  any  examination,  trial,  or  other
      proceeding in which the commission of a crime is the subject of inquiry.