13° 25′ 20′′ E., 193.80 Ft., and N. 13° 34' 50" E., 117.00 Ft. to a point, thence through lands of Saint Peter's School the following courses and distances; N. 81° 45′ 15′′ E., 603.05 Ft., N. 85° 16' 30" E., 517.00 Ft., S. 4° 43' 30" E., 670.41 Ft., S. 86° 15′ 30′′ W., 223.59 Ft., S. 5° 11' 20" W., 112.51 Ft., and N. 86° 15′ 30′′ E., 224.83 Ft. to lands now or formerly of Grace Guinzburg, thence along lands now or formerly of said Guinzburg and along the mean centerline of a stone wall the following courses and distances; S. 9° 58′ W., 5.47 Ft., S. 7° 50"* W., 110.42 Ft., S. 10° 28' 10" W., 220.79 Ft., and S. 9° 17′ 50′′ W., 213.32 Ft. to the northerly side of East Main Street and the point and place of beginning. Containing 41.639 Acres of land be the same more or less. § 2. The said district shall be under the control of a board of education, which shall be composed of from five to nine members elected by the board of trustees of Saint Peter's School as constituted pursuant to the provisions and by-laws therein provided by the education law, said members to serve for terms not exceeding five years; and such board shall have all the powers and duties of a board of education of a union free school district under the provisions of the education law. § 3. Whenever any part of the territory described in this act shall be sold by Saint Peter's School or shall cease to be held by said school in accordance with the provisions of the education law, except as provided for in section four below, the same shall cease to be a part of the school district hereby established and shall revert to and become a part of the city school district of the city of Peekskill. § 4. Whenever any part of the territory described in this act shall be sold, conveyed or in any way transferred to a separate corporation formed in accordance with the provisions of the notfor-profit corporation law for the purpose of obtaining funding under the provisions of section one of chapter one thousand thirteen of the laws of nineteen hundred sixty-nine, as amended, the provisions of section three above shall not apply, and the part of the territory so sold, conveyed or transferred to such corporation shall continue to be a part of the union free school district hereby established. § 5. Whenever any territory adjoining any part of the territory described in this act shall be acquired or purchased by said Saint Peter's School or shall be held by said Saint Peter's School in accordance with the provisions of the education law, the same shall become a part of the union free school district hereby established and shall, together with the territory described in this act, enjoy all the powers and privileges of a union free school district under the provisions of the education law. So in original. § 6. Section one of chapter five hundred sixty-six of the laws of nineteen hundred sixty-seven, entitled "An Act providing for the apportionment of funds to certain special school districts", as separately amended by chapters nine hundred eighty-six and nine hundred eighty-seven of the laws of nineteen hundred seventytwo, is hereby amended to read as follows: Section 1. Notwithstanding the provisions of sections thirty-six hundred two and thirty-six hundred two-b of the education law, and in lieu of any apportionments to which such school districts might otherwise be entitled under such sections or under any other provision of law, the commissioner of education is hereby authorized to include the following school districts in the annual apportionment of public moneys and such apportionment shall be computed in accordance with the provisions of sections two, three and four of this act: union free school district number twentyseven of the town of Dryden, Tompkins county; union free school district number eight of the town of Canaan, Columbia county; union free school districts numbers ten and eleven of the town of Greenburgh, Westchester county; Saint Peter's union free school district in the city of Peekskill, Westchester county; union free school districts numbers three and four of the town of Mount Pleasant, Westchester county; union free school district number eleven of the town of Yorktown, Westchester county; and common school district number eleven of the town of Randolph, Cattaraugus county; common school district number seven of the town of Oyster Bay, Nassau county; union free school district number one, Unionvale and Morton road* union free school district number one, Rhinebeck, Dutchess county; common school district number fourteen of the town of Ramapo, Rockland county; union free school district number three of the town of Hamburg, Erie county and union free school district number two of the town of Chester, Orange county. § 7. This act shall take effect on the first day of July next succeeding the date on which it shall have become a law. CHAPTER 585 AN ACT to provide emergency procedures to facilitate the burial of the dead in and near the city of New York Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Legislative findings. There exists in the New York city metropolitan area an emergency situation involving, potenSo in original. tially, the inability of many thousands of families to provide a decent burial for their deceased. This situation, if allowed to proceed unchecked, would constitute a serious threat to the health and welfare of the citizens of the state, cause untold grief to the bereaved families and seriously offend the public conscience. It has long been the public policy of the state that the body of a deceased person should be decently buried as soon as possible after death. This policy was specifically recognized in nineteen hundred seventy, when legislation was enacted requiring the parties to a labor dispute that was then preventing the burial of the dead to submit the dispute to binding arbitration. This policy is again being frustrated by a labor dispute and threatened strike involving cemeteries in and near the city of New York. Long negotiations extending over more than six months have failed to resolve the dispute. Mediation efforts resulted only in a recommendation for the appointment of a board of inquiry. After extensive fact finding, the board of inquiry has recommended special legislation providing for binding arbitration of the dispute. Paramount considerations of public health, welfare and human dignity once again require the use of all possible means, including, if necessary, the extraordinary procedures provided in this measure, to bring about an expeditious resolution of this dispute. § 2. Emergency procedures. Upon the receipt of the certifications of the industrial commissioner and the commissioner of health, respectively certifying that there exists a labor dispute involving the cemeteries in the New York city metropolitan area which has not been resolved and cannot be resolved through the employment of currently authorized collective bargaining procedures, and that such dispute has resulted in an actual threat to the health and welfare of the residents of this state, the governor may, by executive order, invoke the provisions of this section. (a) 1. As soon as possible after the issuance of the executive order, the chairman of the state mediation board shall notify all parties to such dispute thereof. 2. The chairman shall further notify the parties that the procedures provided by this section will be invoked unless such dispute is voluntarily terminated and work resumed within forty-eight hours after such notice is sent. 3. Following such notification, the chairman shall forthwith undertake emergency mediation to bring about the voluntary resolution of this dispute and to complete the collective bargaining process, restore labor-management harmony and bring about the orderly resumption of work. Such voluntary resolution within such period, shall consist of either (A) an agreement resolving all issues in dispute, or (B) an agreement between the parties to submit all outstanding issues to binding arbitration. In either event, such voluntary resolution must provide for the immediate resumption of work. (b) 1. If at the end of such forty-eight hour period, the parties to the dispute have not arrived at a voluntary resolution and returned to work, the chairman of the state mediation board shall certify to the industrial commissioner and to the attorney general that, in his opinion, efforts to effect voluntary settlement of the dispute have been unsuccessful. 2. Upon receipt of such certification, the industrial commissioner shall immediately issue an order submitting the dispute to final and binding arbitration by a panel of not less than three members appointed by the commissioner. Such arbitration shall be conducted in accordance with the provisions of article seventy-five of the civil practice law and rules not inconsistent with the provisions of this act. The industrial commissioner and the chairman of the state mediation board shall render all possible assistance to the arbitration panel with regard to identifying the unresolved issues in the dispute. 3. The arbitrators appointed pursuant to this section may consider the following standards in arriving at a final arbitration decision in this dispute: (A) the interest and welfare of the public; (B) changes in the cost of living as they affect employees' purchasing power; (C) comparison of the wages, hours and conditions of employment of the employees involved in the arbitration proceedings, and the wages, hours and conditions of employment of employees doing work requiring the same, similar or comparable skills and expenditures of energy and effort, giving consideration to such factors as are peculiar to the industry involved; (D) comparison of wages, hours and conditions of employment with comparable areas; (E) the security and tenure of employment; (F) economic factors of the respective parties which are relevant to the arbitration decision; (G) such other factors not confined to the foregoing which are normally or traditionally taken into consideration in the determination of wages, hours and conditions of employment through voluntary collective bargaining, arbitration or otherwise between the parties or in the industry. 4. The arbitration panel shall make its award within thirty days following the conclusion of the hearings. Such award shall be served forthwith upon the parties to the dispute, shall take effect immediately, and shall continue in effect until the parties reach agreement or, if agreement is not reached, for such period not to exceed two years as set forth in the award. Such award shall have the same effect as though arrived at by agreement of the parties pursuant to voluntary arbitration or collective bargaining. § 3. Strikes prohibited; injunctive relief. (a) While an executive order issued pursuant to the provisions of section two of this act is in effect, it shall be unlawful for any person subject to the provisions of this act to engage in or to induce or encourage any strike or withholding of services or lockout of employees. The attorney general shall forthwith apply to the supreme court of New York county for an injunction against the commencement or continuation of any strike or lockout. If a strike or lockout commences or continues, the court shall issue an order enjoining or restraining such strike or lockout. If such order does not receive compliance, the attorney general shall forthwith apply to the supreme court of New York county to punish such violation in accordance with the provisions of the judiciary law. (b) During the term of the arbitration award specified in subdivision four of section two of this act, the provision of article twenty-two-A of the labor law shall not apply to the parties to the subject labor dispute. The supreme court of New York county shall retain jurisdiction to restrain and enjoin any violation of the provisions of this act or the provisions of any such arbitration award. In the event of a disagreement as to the meaning or application of any part or all of the arbitrator's award, any party may apply to the supreme court of New York county for clarification. (c) In the event the parties have reached a voluntary settlement of the dispute without resort to the arbitration procedures herein, such settlement shall contain, or be deemed to contain, a provision for binding arbitration of disputes and an agreement not to strike or lockout during its term. § 4. This act shall take effect immediately and shall remain in effect until February first, nineteen hundred seventy-four. CHAPTER 586 AN ACT to amend the general construction law, in relation to definition of newspaper Became a law June 11, 1973, with the approval of the Governor. Passed by a majority vote, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section sixty of the general construction law, as amended by chapter six hundred thirty-nine of the laws of nineteen hundred fifty-eight, is hereby amended to read as follows: § 60. Newspapers. a. In any case in which notice of any fact is required by law to be published or advertised in a newspaper, the term "newspaper" shall mean a paper of general circulation which is printed and distributed ordinarily not less frequently than once a week, and has been so for at least one year immediately preceding such publication or advertisement, and which contains news, articles of opinion (as editorials), features, advertising, or other matter |