It is the policy of OCB to encourage voluntary resolution of disputes between the parties. To this end, the Deputy Director for Dispute Resolution oversees the agency's efforts to encourage the parties to mediate their disputes. Since its inception in 1967, the Office of Collective Bargaining has provided mediation services to the City of New York and the municipal labor unions. Upon request, the Deputy Director for Dispute Resolution, OCB hearing officers, and panel arbitrators are available to provide the parties with assistance to resolve or settle collective bargaining disputes, improper practice claims, grievances, and representation matters. Either the City or a union representing municipal employees may request formal mediation of contract disputes. (Forms)
Who provides mediation services at OCB?
Mediation assistance may be provided by the Deputy Director for Dispute Resolution, OCB hearing officers, or panel arbitrators. These individuals are available to help resolve collective bargaining disputes, improper practice claims, grievances, and representation matters.
Who may request mediation?
Either the City of New York or a union representing municipal employees may request mediation of a contract dispute. Mediation services are provided upon request.
How do I request mediation?
To request mediation of a contract dispute, complete OCB's mediation request form and submit it to the Deputy Director for Dispute Resolution. Requests may also be made by contacting the Deputy Director directly at (212) 306-7160. Before requesting mediation, it is recommended that you first contact the other party. Mediation cannot proceed unless both parties are willing to participate.
When is it appropriate to request mediation?
A mediation request may be made whenever a party desires to resolve a matter without litigation. Mediation can often lead to practical, mutually acceptable solutions that may not be available through formal legal proceedings.
How are improper practice cases handled through mediation?
After an improper practice petition is filed, OCB staff review the case to determine whether it may be appropriate for mediation and may ask the parties to consider that option. At any point during the processing of an improper practice petition, either party may request mediation through the hearing officer or the Deputy Director for Dispute Resolution.
Can grievances be mediated?
Yes. The Deputy Director for Dispute Resolution assists parties in resolving issues arising under collective bargaining agreements. Mediation of grievances may be requested before an arbitrator is appointed or at any time before the arbitrator issues an award. In some cases, a party may also ask whether the designated arbitrator is available to serve as a mediator.
Is mediation available during contract negotiations?
Yes. Parties may request mediation if they are having difficulty reaching agreement on the terms of a collective bargaining agreement. Mediation during negotiations can help clarify unresolved issues or assist the parties in reaching agreement on specific terms. Requests may be made informally by contacting the Deputy Director for Dispute Resolution or formally by submitting a Request for Mediation form.
Does mediation delay the processing of a case?
No. Unless the parties agree otherwise, OCB provides mediation services without delaying the normal processing of improper practice petitions, grievances, or representation petitions. All standard deadlines under OCB's Rules remain in effect during mediation unless the parties agree otherwise. Requests for abeyance or changes in deadlines may be granted upon request.