§ 716. Grievances and disputes in non-profitmaking hospitals and\nresidential care centers. 1. As used in this section "grievance" means\nany controversy or claim arising out of or relating to the\ninterpretation, application or breach of the provisions of an existing\ncollective bargaining contract. As used in this section "dispute" means\nall other controversies, claims or disputes between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center concerning\nwages, hours, union security, seniority or other economic matters,\nincluding, but not limited to, controversies, claims or disputes arising\nin the course of negotiating, fixing, maintaining, changing or arranging\nsuch terms or conditions.\n 2. Every collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which does\nnot contain provisions for the final and binding determination of\ngrievances shall be deemed to include provision for the submission of\nsuch grievances, upon the request of either or both parties, to final\nand binding arbitration pursuant to such rules as may be established\nfrom time to time by the board.\n 3. Every collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which does\nnot contain provisions for the final and binding determination of\ndisputes shall be deemed to include provisions for:\n (a) the appointment of a fact-finding commission by the board upon the\nrequest of both parties to the dispute, or by the commissioner upon his\nown motion and upon certification by such board that in its opinion\nefforts to effect a voluntary settlement of the dispute have been\nunsuccessful. Such fact-finding commission shall have all of the powers\nand duties, including the power to make recommendations for the\nsettlement of the dispute, as are vested in a board of inquiry by\narticle twenty-two of this chapter; and\n (b) the submission of the dispute to final and binding arbitration,\npursuant to such rules as may be established from time to time by the\nboard, by such board upon the request of both parties to the dispute, or\nby the commissioner upon his own motion and upon certification by such\nboard that in its opinion efforts to effect a voluntary settlement of\nthe dispute have been unsuccessful. The commissioner or the board may\nsubmit a dispute to final and binding arbitration pursuant to this\nparagraph without first submitting it to a fact-finding commission\npursuant to the preceding paragraph of this subdivision.\n 4. In the absence of a collective bargaining contract between the\nemployees of a non-profitmaking hospital or residential care center, or\ntheir representatives, and such hospital or residential care center, the\nboard and the commissioner may, in the manner and upon the conditions\nprovided in subdivision three of this section, exercise all of the\npowers vested in them by the provisions of such subdivision of such\nsection.\n 5. Nothing in this section shall be deemed to affect, impair or alter\nany collective bargaining contract between the employees of a\nnon-profitmaking hospital or residential care center, or their\nrepresentatives, and such hospital or residential care center which was\nexecuted prior to July first, nineteen hundred sixty-three, during the\nterm of such contract.\n 6. (a) A petition under section seven hundred seven of this article\ninvolving a non-profitmaking hospital or residential care center shall\nbe filed directly with the appellate division of the supreme court in\nthe department embracing the specified supreme court, and shall be heard\nupon the certified transcript of the record in the proceeding before the\nboard, without requirement of printin
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