The Deputy Director for Dispute Resolution is in charge of all dispute resolution services available at OCB and administers the dispute resolution procedures set forth in the NYCCBL. The Deputy Director maintains a panel of arbitrators from which the parties select an arbitrator to serve in individual cases. (Inclusion on the panel is accomplished by a unanimous vote of the City and Labor members of the Board of Collective Bargaining.)
Arbitration
A Request for Arbitration can be made by completing the form available on this site and submitting it to the Deputy Director for Dispute Resolution. In most of the City's collective bargaining agreements, the right to invoke arbitration is limited to the Union and not the individual employee. Therefore, employees seeking to bring an issue to arbitration must first consult with their union. As a prerequisite to the arbitration process, the NYCCBL requires that the union and grievant(s) submit a waiver of the right to file the underlying dispute with any other administrative or judicial tribunal, except for the purposes of enforcing the arbitrator's award. A Wavier Form is also available on this site. Once a waiver by the union and the grievant has been submitted, OCB sends both the employer and the union a list of nine arbitrator's names. Each party is directed to strike four names and rank the remaining five names. The lists are returned to OCB and compared in order to determine which arbitrator has the highest ranking by both parties. The parties are then notified of the arbitrator designated to hear the dispute. Thereafter, the parties contact the designated arbitrator to arrange a hearing date and/or resolve any pre-hearing matters. OCB has several hearing rooms available for use for arbitration hearings. The parties should advise the Deputy Director for Dispute Resolution when a hearing has been scheduled, so that a room can be reserved for the hearing.
Expedited Arbitration
Since 1992, OCB has offered an expedited arbitration procedure for certain cases which the parties mutually agree are appropriate for this process. Typical types of claims heard in an expedited manner include out-of-title claims and minor disciplinary infractions.
The parties may request expedited processing on the Request for Arbitration Form. On at least one day per month the Deputy Chair hears several of these cases. The arbitrator seeks to settle the claims through joint agreement of the parties. If the case is not resolved, the arbitrator hears the case and issues within two weeks of the hearing a short award containing a brief explanation of his or her rationale.
Claims appropriate for this forum require only a limited amount of testimony. Presentation of the issue, to the extent possible, is made in a narrative form. The parties endeavor to stipulate to the issue and exchange documents that they seek to offer into evidence at least one week in advance of the hearing date. Decisions in this expedited procedure are not considered precedent for any other case and cannot be entered into evidence in any other forum, except to enforce the arbitrator's award.
Register of Neutrals
Pursuant to the NYCCBL, OCB maintains a Register of Neutrals composed of arbitrators who hear and resolve issues arising between the City and its unions. These neutrals serve as mediators, arbitrators in contract grievances and panel members in impasse proceedings. The arbitrators and mediators on the Register of Neutrals have been approved for inclusion on the Register of Neutrals by a majority of the entire board of Collective Bargaining including at least one City member and one Labor member. Click here to access resumes of arbitrators and mediators on the Register of Neutrals.
Frequently Asked Questions
Who oversees arbitration and dispute resolution at OCB?
The Deputy Director for Dispute Resolution manages all dispute resolution services at OCB and oversees procedures established under the NYCCBL. These services include arbitration, mediation, and impasse procedures. The Deputy Director also maintains a panel of arbitrators, called the Register of Neutrals, who serve as neutrals on individual cases.
How do I request arbitration?
To request arbitration, parties may use the E-File system or complete the Request for Arbitration form available here and submit it to OCB via mail or email at zvalerio@nyc.ocb.gov. In most collective bargaining agreements, only the union or City can invoke arbitration, not an individual employee. Employees should first consult their union before submitting a request.
Are there any prerequisites before arbitration?
Yes. The NYCCBL requires that both the union and the grievant(s) submit a waiver agreeing not to pursue the same dispute in any other administrative or judicial forum, except for enforcing the arbitrator's award. A Waiver Form is available on this site.
How is an arbitrator selected?
Once a waiver is submitted, OCB provides both the employer and the union with a list of nine arbitrators. Each party strikes four names and ranks the remaining five. OCB compares the rankings to determine the arbitrator with the highest agreement by both parties. The selected arbitrator is then notified and the parties schedule the hearing directly with them. OCB provides hearing rooms upon request, although most hearings are virtual.
What is expedited arbitration?
Since 1992, OCB has offered expedited arbitration for certain cases that both parties agree are suitable, such as minor disciplinary issues or simple out-of-title claims.
Expedited arbitration is designed to resolve disputes quickly. A short hearing may be held where the arbitrator first seeks a joint settlement. If the dispute is not resolved, the arbitrator issues a short written award. These decisions are not considered precedent for other cases and cannot be used as evidence elsewhere, except to enforce the award. Only those unions who were signatories to the Expedited Agreement may avail themselves of it.
How does expedited arbitration work?
- Only a limited amount of testimony is needed.
- Issues are presented in a narrative format whenever possible.
- Parties should agree on the issue and exchange documents at least one week before the hearing.
- The arbitrator issues a brief award explaining the decision.
What is the Register of Neutrals?
OCB maintains a Register of Neutrals — a list of approved mediators and arbitrators who resolve disputes between the City and its unions. These neutrals can serve as mediators, arbitrators for contract grievances, or members of impasse panels. Inclusion on the Register requires approval by a majority of the Board of Collective Bargaining, including at least one City and one Labor member.
Click here to view the resumes of arbitrators and mediators on the Register of Neutrals.
How can I apply to be a member of the Register of Neutrals?
Applicants may email OCB at zvalerio@nyc.ocb.gov for an application. Applicants must have two arbitration decisions along with labor, management, and neutral references. The applications are reviewed by the parties, who ultimately decide whether the application is approved or denied.