Originally from Dispute Resolution Journal

Preview Page

LABOR LAW SEC. 713 — EMPLOYEES PROHIBITED FROM STRIKING — RIGHT TO ARBITRATE — NEW YORK

Section 713 of the Labor Law making it unlawful for employees of non-profit making hospital to strike was held not to deprive employees of right to arbitration as means of settling disputes. In granting employees' application for confirmation of the award, the court stated:

"We find no merit in respondent's objections to confirmation of the award. Section 713 of the Labor Law, which makes it unlawful for the employees of a non-profit making hospital to strike, contains no forfeiture provision of the remedial provisions established by other sections of the New York State Labor Relations Act (Labor Law, art. 20). The availability of injunctive relief, punishment for contempt and other remedies against illegal strikes indicates that forfeiture of a means of settling the dispute is neither required nor desirable. The entire intent and policy of the statutory provisions—the settlement of labor disputes and unrest—is contrary to the suggestion that an alleged wrongdoer, now willing to resort to the statutory procedure, should be deprived of the right to do so."

Davis v. Adelphi Hospital, 316 N.Y.S.2d 154 (App. Div. 2d Dept. 1970).