Bill Text: NY S04914 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that arbitration awards in consumer and employment disputes, where the arbitration is conducted pursuant to a contract, shall include all issues in dispute and the arbitrator's findings of fact and conclusions of law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO JUDICIARY [S04914 Detail]

Download: New_York-2021-S04914-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          4914

                               2021-2022 Regular Sessions

                    IN SENATE

                                    February 18, 2021
                                       ___________

        Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation  to  arbi-
          tration awards in consumer and employment disputes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 7507 of  the  civil  practice  law  and  rules,  as
     2  amended  by  chapter  952  of  the  laws  of 1981, is amended to read as
     3  follows:
     4    § 7507. Award; form; time; delivery. (a) Except as provided in section
     5  7508, the award shall be in writing, signed and affirmed by the arbitra-
     6  tor making it within the time fixed by the agreement, or, if the time is
     7  not fixed, within such time as the court orders.
     8    (b) In a matter involving a  consumer  dispute,  pursuant  to  section
     9  three  hundred  ninety-nine-c of the general business law, or an employ-
    10  ment dispute between an employer and employee,  as  defined  in  section
    11  three  of  the Fair Labor Standards Act of 1938 (29 U.S.C. § 203), where
    12  arbitration was held pursuant to a contract, the award shall  state  the
    13  issues  in  dispute  and shall contain the arbitrator's findings of fact
    14  and conclusions of law. Such award  shall  contain  a  decision  on  all
    15  issues  submitted to the arbitrator.  The provisions of this subdivision
    16  shall not apply to agreements negotiated with any  labor  union  through
    17  collective bargaining.
    18    (c)  The parties may in writing extend the time either before or after
    19  its expiration. A party waives the objection that an award was not  made
    20  within  the  time  required  unless he or she notifies the arbitrator in
    21  writing of his or her objection prior to the delivery of  the  award  to
    22  him or her.
    23    (d)  The arbitrator shall deliver a copy of the award to each party in
    24  the manner provided in the agreement, or, if no provision  is  so  made,
    25  personally or by registered or certified mail, return receipt requested.
    26    § 2. This act shall take effect on the one hundred eightieth day after
    27  it shall have become a law.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05658-01-1