reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.11 - Hearings; powers and duties of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
During the course of any hearing, the hearing officer, in
						addition to the other powers specifically conferred upon them, shall have full
						authority to control the conduct and procedure of the hearing and the record
						thereof, to admit or exclude testimony or other evidence, and to rule upon all
						motions and objections. It shall be the duty of the hearing officer to see that
						a full inquiry is made into all the facts in issue and to obtain a complete
						record of all facts necessary for a fair determination of the issues. The
						hearing officer shall have the right to call and examine witnesses, to direct
						the production of papers or other matter present in the hearing room, and to
						introduce documentary or other evidence. The hearing officer may, at their
						discretion, conduct the hearing by videoconference in whole or in
						part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.12 - Hearings; rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
In any hearing all parties shall have the right to call,
						examine and cross-examine witnesses, and to introduce documentary or other
						evidence, subject to the rulings of the hearing officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.13 - Hearings; stipulations

Current through Register Vol. 46, No. 28, July 10, 2024
At a hearing, stipulations may be introduced in evidence
						with respect to any issue, where such stipulation has been joined in by all
						parties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.14 - Hearings; continuation of

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing officer may continue a hearing from day to
						day or adjourn it to a later date or to a different place by announcement
						thereof at the hearing or by other appropriate notice.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.15 - Hearings; oral argument or briefs; unfair labor practice cases

Current through Register Vol. 46, No. 28, July 10, 2024
In a proceeding under section 706, the hearing officer
						may permit the parties to argue orally at the close of the hearing or to file
						briefs or written statements. The time for oral argument or filing briefs or
						memoranda shall be fixed by the hearing officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.16 - Hearings; oral argument or brief; representation cases

Current through Register Vol. 46, No. 28, July 10, 2024
At the close of hearings in a proceeding under section
						705, the hearing officer shall permit the parties to electronically file briefs
						or written statements. The time for filing such briefs or written statements
						shall be fixed by the hearing officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.17 - Hearings; variance between pleadings and proof

Current through Register Vol. 46, No. 28, July 10, 2024
A variance between an allegation in a petition under
						section 705 or a pleading in a proceeding under section 706, and the proof, is
						not material unless it is so substantial as prejudicially to mislead the board
						or any party. If a variance is not material, the hearing officer may admit such
						proof and the facts may be found accordingly.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.18 - Hearings; motions; objections

Current through Register Vol. 46, No. 28, July 10, 2024
Motions made during a hearing and objections with respect
						to the conduct of a hearing, including objections to the introduction of
						evidence, shall be stated orally and shall be included in the stenographic
						report of the hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.19 - Hearings; reopening

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Motions for leave to reopen a hearing because of newly discovered evidence
					 shall be timely made.
(b) The board
					 or a hearing officer may, in their discretion or on their own motion, reopen a
					 hearing and take further testimony at any time.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.20 - Hearings; evidence as to transactions had at informal conferences

Current through Register Vol. 46, No. 28, July 10, 2024
No testimony or evidence shall be given or received at
						any hearing concerning transactions had or statements or communications made
						during the conduct or course of any conference called and held concerning
						charges or petitions unless at the hearing all parties shall expressly waive
						this provision. This provision shall not apply to the giving or receipt of
						evidence concerning a consent comparison pursuant to section
						251.10  of this
						Title.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.21 - Decision and order

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of a proceeding, the hearing officer
						shall issue a decision and order, ruling or report and recommendations as
						appropriate to the proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.22 - Exceptions to the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part
					 applies to exceptions to the board to decisions, reports, orders, rulings or
					 other appealable findings or determinations.
(b) Within 15 working days after receipt of a
					 decision, report, order, ruling or other appealable findings or conclusions, a
					 party may file electronically (see section
					 250.11  of this Title) with the
					 board a statement in writing setting forth exceptions thereto or to any other
					 part of the record or proceedings. A brief in support thereof shall be filed
					 simultaneously as a separate document. A copy of such exceptions and briefs
					 shall be served upon all other parties and proof of such service shall be filed
					 with the board.
(c) The exceptions
					 shall:
(1) set forth specifically the
					 questions or policy to which exceptions are taken;
(2) identify that part of the decision,
					 report, order, ruling or other findings or determinations to which exceptions
					 are taken;
(3) designate by page
					 citation the portions of the record relied upon; and
(4) state the grounds for exceptions. An
					 exception which is not specifically urged is waived.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.23 - Motions for leave to file interlocutory exceptions in extraordinary circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within ten
					 working days after receipt of any interim decision, order or ruling, a party
					 may, consistent with section
					 253.22  of this Part, file with the
					 board electronically (see section
					 250.11  of this Title) a motion
					 seeking leave to file interlocutory exceptions to such interim decision, order,
					 or ruling. An original and three copies of a brief in support thereof shall be
					 filed simultaneously as a separate document. A copy of the motion and briefs
					 shall be served simultaneously upon all other parties and proof of such service
					 shall be filed with the board.
(b)
					 The motion for leave to file interlocutory exceptions shall:
(1) identify the alleged extraordinary
					 circumstances warranting the grant of leave to file exceptions which shall
					 include the factual, legal, and/or policy reasons why leave should be
					 granted;
(2) contain the proposed
					 exceptions that shall meet the requirements of section
					 253.22  of this Part; and
(3) attach copies of pleadings, the decision,
					 order, or ruling and relevant excerpts from the record.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.24 - Final board action

Current through Register Vol. 46, No. 28, July 10, 2024
Unless a party files exceptions in accordance with this
						Part, the decision, report, order, ruling, finding or other determination, or
						any part thereof will be final, except that the board may, on its own motion,
						decide to review the remedial action recommended under an unfair labor practice
						charge within 45 working days after receipt by the parties of the decision and
						recommended order. A remedial order of a hearing officer in an unfair labor
						practice charge that is not, or is no longer, subject to review by the board as
						provided in this Part, shall be deemed to be a final order of the board for
						purposes of enforcement proceedings under section 707 of SERA and section
						253.27  of this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.25 - Record in proceedings under section 706

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in proceedings under section
					 706 shall consist of the charge or amended charge, the pleadings, notices of
					 hearing, notices of argument, motions, orders, stipulations, stenographic
					 minutes, exhibits, depositions, the hearing officer 's decision and order,
					 exceptions, responses, any other pertinent materials before the board, and the
					 final decision and order.
(b) If a
					 proceeding under section 706 is predicated in whole or in part upon a prior
					 proceeding under section 705, the record of such prior proceeding shall be
					 deemed a part of the record in the proceeding under section 706 for all
					 purposes.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.26 - Record in proceedings under section 705

Current through Register Vol. 46, No. 28, July 10, 2024
The record in proceedings under section 705 shall consist
						of the petition or amended petition, notices of hearing, notices of argument,
						motions, orders, stipulations, stenographic minutes, exhibits, depositions,
						decision and direction of election, report on secret ballot, objections
						thereto, responses, any other pertinent materials before the board, and
						certification, dismissal or decision.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.27 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party may
					 request the board to seek a judicial order as provided by section 707 of SERA,
					 enforcing a remedial order of the board or that of a hearing officer to which
					 no exceptions have been filed with the board, if the party or parties against
					 whom the order was issued refuses or fails to comply with the order, provided
					 that such order is not, or is no longer, subject to judicial review pursuant to
					 section 707 of SERA.
(b) Request
					 for enforcement. A party seeking enforcement by the board must file with the
					 board's office of counsel electronically (see section
					 250.11  of this Title) a written
					 request stating the reason(s) why a judicial order of enforcement is necessary,
					 supported by affidavits of persons with personal knowledge of the facts set
					 forth therein, attesting to the alleged refusal or failure to comply with the
					 remedial order. Said request and supporting affidavits shall be accompanied by
					 proof of service on all other parties before the board.
(c) Response. Pursuant to a schedule set by
					 the office of counsel, all other parties before the board shall file
					 electronically (see section
					 250.11  of this Title) with the
					 office of counsel a written response to the request for enforcement stating why
					 enforcement is not necessary, supported by affidavits of persons with personal
					 knowledge of the facts set forth therein. Said response and supporting
					 affidavits shall be accompanied by proof of service on all other parties before
					 the board.
(d) Action by the board.
					 Following review of a request for enforcement and the response, the office of
					 counsel will determine whether a petition for a judicial order of enforcement
					 pursuant to section 707 of SERA should be commenced.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.28 - Public record

Current through Register Vol. 46, No. 28, July 10, 2024
The record as defined in sections 253. 25 and 253. 26 of
						this Part shall constitute the public record of the case and shall be made
						available for inspection or copying under such conditions as the board may
						prescribe.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.35 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.36 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.37 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.38 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.39 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.40 - [Repealed]

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.41 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.42 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.43 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.44 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.45 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.46 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.47 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.48 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.49 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.50 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.51 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.60 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 254 - Designation, Powers And Duties of Board's Agents for NON-FLFLPA Matters › Section 254.1 - Hearing officers; powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
All hearing officers, fact-finders, and any other
					 individuals designated by the board to hold hearings, are hereby designated by
					 the board as its agents:
(a) to
				  conduct and be in full charge and control of any and all hearings;
(b) in connection with such hearings, to have
				  access to and the right to copy evidence, to administer oaths and affirmations,
				  to examine witnesses, to receive evidence, and in connection therewith, to do
				  any and all things necessary and proper to effectuate the policies of SERA and
				  this Subchapter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 254 - Designation, Powers And Duties of Board's Agents for NON-FLFLPA Matters › Section 254.2 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The foregoing designations are not to be construed to limit
					 the power of the board to make such special designations of agents as may be
					 necessary to effectuate the purposes of SERA, nor shall the foregoing
					 designations be construed as limiting the power of the board at any time to
					 confer upon its agent or agents additional duties.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 255 - Service of Papers › Section 255.1 - Method; proof

Current through Register Vol. 46, No. 28, July 10, 2024
Charges, petitions, orders and other process and papers of
					 the board, its members, agent or agency, may be served electronically,
					 personally, by regular mail, by registered mail, by commercial mail service, or
					 by leaving a copy at the principal office or place of business of the person to
					 be served. A declaration or affidavit of service, setting forth the manner of
					 such service, the return post office receipt when registered and mailed as
					 aforesaid, or electronic confirmation shall constitute proof of service. Final
					 orders issued by the board shall be served upon the parties by registered or
					 certified mail, or pursuant to §
										250.11  of this
					 Chapter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 255 - Service of Papers › Section 255.2 - Service by a party

Current through Register Vol. 46, No. 28, July 10, 2024
Service of papers by a party may be made personally or by
					 mail, or electronically. When service is made by mail, a return post-office
					 receipt, or affidavit or declaration of service by mail, shall constitute proof
					 of service. When service is made electronically, electronic confirmation shall
					 constitute proof of service.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 255 - Service of Papers › Section 255.3 - Service upon attorney

Current through Register Vol. 46, No. 28, July 10, 2024
If a party appears by attorney, all papers other than the
					 charge or petition and notice of original hearing may be served as hereinabove
					 provided upon such attorney, or pursuant to §
										250.11  of this Chapter, with the
					 same force and effect as though served upon the party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 256 - Certification and Signature Of Documents for NON-FLFLPA Matters › Section 256.1 - Executive director; certification of papers; notices and reports

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director, or such other person as may be
					 designated by the executive director, is authorized to certify copies of all
					 papers and documents which are a part of any of the files or records of the
					 board, to sign and issue all notices or reports of the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.1 - Impasses in collective bargaining and assignment of mediators

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an employer and a labor organization have
					 failed to achieve an agreement, either the employer or the labor organization,
					 or both acting jointly, may notify the board in writing of the existence of an
					 impasse. The notification, or declaration of impasse, must be signed by the
					 representative of the declaring party, or where the parties are jointly
					 declaring impasse, the representative of each party. The notification shall be
					 filed electronically with the director of conciliation (see section
					 250.11  of this Title). Upon
					 receipt of the notification of an impasse in collective bargaining, the board
					 may appoint a mediator from a list of qualified persons maintained by the board
					 to assist the parties to effectuate a voluntary resolution of the impasse. It
					 is the policy of SERA that the board shall consider and make the parties aware
					 of the availability of federal and other mediation services, and shall give
					 priority in providing mediation services to those parties without access to
					 those other services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.2 - Voluntary interest arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the event that an employer and a labor
				  organization agree to submit any unresolved issue in bargaining to interest
				  arbitration, they may jointly request the assistance of the board in providing
				  for such arbitration by a letter directed to the director of
				  conciliation.
(b) The written
				  request shall be accompanied by a copy of the submission.
(c) An arbitrator shall be designated
				  pursuant to the selection process established by the director of conciliation,
				  which process will give the parties an opportunity to participate in the
				  selection of the arbitrator.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.3 - Resolution of labor disputes

Current through Register Vol. 46, No. 28, July 10, 2024
The board delegates to its chairperson, or his or her
					 designee, the authority to take such steps under sections 702 and 702-a.1 of
					 SERA deemed expedient and efficient to effectuate a voluntary, amicable and
					 expeditious adjustment and settlement of the differences and issues between an
					 employer, labor organization or employees concerning an existing, imminent or
					 threatened labor dispute.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.4 - Policy regarding grievance arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of SERA for the board to have the power at
					 the request of the parties to a collective bargaining agreement between an
					 employer and a labor organization to assist them in the arbitration of such
					 grievances as may arise under the agreement and to establish panels of
					 qualified persons to be available to serve as arbitrator of such grievances. In
					 furtherance of this policy, the following voluntary arbitration rules of
					 procedure are provided to
(a) insure
				  an efficient and orderly procedure for grievance arbitration;
(b) assist the parties in remedying
				  procedural deadlocks; and
(c)
				  effectuate the rapid adjudication of disputes and controversies.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.5 - Panel of arbitrators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  board shall maintain a panel of arbitrators who qualify and meet the board's
				  standards and criteria of professional competence, impartiality and
				  acceptability. All applicants requesting inclusion on the panel shall be
				  reviewed by the board on the basis of their education, experience and expertise
				  in the field of labor arbitration or its equivalent, and general reputation in
				  the practice of labor-management relations. Careful evaluation, subject to the
				  above standards and criteria, shall be made before an applicant is included on
				  the panel of arbitrators.
(b)
				  Inclusion in good standing on the panel shall be conditioned on the arbitrator
				  assuming the responsibility of keeping the director of conciliation immediately
				  informed of any changes in address, availability limitations, per diem rate,
				  and occupation. The board shall periodically review the panel of arbitrators
				  and shall at any time take appropriate action, including removal of the
				  arbitrator from the panel, where the arbitrator has not adhered to the board's
				  policies and this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.6 - Agreement to arbitrate

Current through Register Vol. 46, No. 28, July 10, 2024
Either party or both parties to a written agreement may
					 request the director of conciliation to commence the administration of these
					 voluntary arbitration rules of procedure if, in their agreement, the parties
					 have provided for arbitration. The voluntary arbitration rules of procedure
					 shall apply in the form in effect at the time the arbitration is
					 initiated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.7 - Demand for arbitration; submission to arbitrate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Demand for arbitration (request
				  made by one party to the other)
.
Petitioner shall serve on the respondent a demand for
					 arbitration which shall serve as notice of intention to arbitrate pursuant to
					 CPLR section 7503. Such notice shall be served in the same manner as the
					 summons or by registered or certified mail, return receipt requested. In
					 addition, two copies of the demand for arbitration shall be filed with the
					 director of conciliation together with proof of service on the
					 respondent.
(b)
Contents of demand for arbitration
.
A demand for arbitration shall include the
					 following:
(1) date;
(2) name of petitioner;
(3) name of respondent;
(4) name, title, address and telephone number
				  of the representative of each party to whom correspondence from the director of
				  conciliation shall be directed;
(5)
				  effective date and expiration date of agreement;
(6) identification of the provision(s) in the
				  agreement providing for arbitration, together with a copy thereof;
(7) identification of the provision(s) in the
				  agreement claimed to be violated, together with a copy thereof;
(8) a clear and concise description of the
				  nature of the dispute(s) to be arbitrated and the remedy(ies) sought (include
				  the name[s] of the grievant[s]);
(9) the following language, quoted verbatim:
"THE UNDERSIGNED, A PARTY TO A WRITTEN AGREEMENT WHICH
					 PROVIDES FOR ARBITRATION AS DESCRIBED HEREWITH, HEREBY DEMANDS ARBITRATION. YOU
					 ARE HEREBY NOTIFIED THAT COPIES OF THIS DEMAND FOR ARBITRATION ARE BEING FILED
					 WITH THE DIRECTOR OF CONCILIATION, NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS
					 BOARD, P.O. BOX 2074, EMPIRE STATE PLAZA, AGENCY BUILDING 2, FLOOR 20, ALBANY,
					 NEW YORK, 12220-0074 WITH THE REQUEST THAT THE ADMINISTRATION OF THE VOLUNTARY
					 ARBITRATION RULES OF PROCEDURE BE COMMENCED.
PURSUANT TO THE NEW YORK ARBITRATION LAW, ARTICLE 75,
					 SECTION 7503, CIVIL PRACTICE LAW AND RULES, YOU HAVE TWENTY (20) DAYS FROM DATE
					 OF SERVICE OF THIS DEMAND TO APPLY TO STAY THE ARBITRATION OR BE PRECLUDED FROM
					 SUCH APPLICATION."
(10)
				  signature and title of the representative serving the demand for
				  arbitration.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.8 - Determination of jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Where this Part has been incorporated by reference into an agreement to
				  arbitrate, it shall be deemed binding on the parties as a valid part of such
				  agreement.
(b) Where no agency's
				  rules of procedure for arbitration have been incorporated by reference into an
				  agreement to arbitrate, the board's jurisdiction will not attach in the matter
				  until a submission to arbitrate has been received by the director of
				  conciliation or until the respondent has been served with a demand for
				  arbitration and the time limit to apply for a stay of arbitration, as provided
				  in CPLR section 7503, has expired. In the event no application for a stay is
				  made within the specified time limit, the board's jurisdiction shall attach and
				  this Part shall be deemed binding on the parties as a valid part of their
				  agreement to arbitrate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.9 - Arbitrability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should either
				  party contest the arbitrability of a grievance, the director of conciliation
				  shall make no determination as to whether the grievance is a proper subject for
				  arbitration. The director of conciliation's responsibilities throughout the
				  application of this Part are administrative and, therefore, commencement of the
				  administration of this Part shall be construed as compliance with a
				  request.
(b) The board encourages
				  parties to submit arbitrability questions to the arbitrator for determination.
				  However, should the party served with a demand for arbitration pursue the legal
				  remedies for a stay of arbitration in accordance with CPLR section 7503, a copy
				  of the application to stay arbitration shall be filed with the director of
				  conciliation within 20 days of service of the demand for arbitration.
(c) Upon timely receipt of a copy of the
				  application to stay arbitration, the director of conciliation shall hold in
				  abeyance the designation of the arbitrator pending final court determination of
				  the arbitrability question. Absent timely receipt, the administrative
				  responsibilities of the director of conciliation shall be carried out pursuant
				  to this Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.10 - Selection process

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of a demand for arbitration or submission to
					 arbitrate, the director of conciliation shall forward to the representatives
					 named therein two copies of an identical panel list of seven arbitrators
					 selected from the panel of arbitrators. A resume, including
per
					 diem
fee, of each arbitrator on such panel list shall be provided for
					 the parties' review. Each party shall have 10 days from date of the letter
					 containing the panel list in which to select, rank and return their selections
					 to the director of conciliation.
(a)
Selection and preferential ranking
.
Unless the parties have provided for their own method of
					 selecting an arbitrator in their agreement to arbitrate, the following process
					 for the selection of an arbitrator shall be employed: if more than four names
					 on the panel list are acceptable, those names shall be ranked in order of the
					 party's preference and the remaining name, if any, shall be stricken. Otherwise
					 the party shall strike no more than three names from the panel list and
					 indicate a preference among those names remaining by ranking them (1), (2), (3)
					 and (4).
(b)
Additional lists
.
If a party determines that more than three names on a panel
					 list are unacceptable, a request by such party for an additional panel list
					 shall be filed with the director of conciliation within the 10-day time period
					 established for selection and preferential ranking. A copy of such request
					 shall be sent to the other party simultaneously. Each party shall have the
					 right to request one additional list, and consequently, no party shall receive
					 more than three panel lists. Pursuant to the selection process, if the parties
					 fail to select an arbitrator after the submission of a third panel list, the
					 director of conciliation shall take whatever steps are necessary to designate
					 an arbitrator.
(c)
Designation of the arbitrator
.
(1) Timely receipt of selections. Upon timely
				  receipt of each party's selections and consistent with their selected order of
				  preference, the director of conciliation shall designate the arbitrator. If the
				  designated arbitrator declines or is unable to serve, the director of
				  conciliation shall reserve the right to designate an arbitrator without the
				  submission of an additional panel list. In no case, however, will an arbitrator
				  be designated whose name was stricken by either or both parties.
(2) Failure to timely return selections. If a
				  party fails to timely return its selections to the director of conciliation,
				  all names submitted in the panel list shall be deemed acceptable to such party
				  and the designation of the arbitrator shall be made according to the
				  preferences of the party whose selections have been timely received.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.11 - Notice of designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  parties shall be notified forthwith by the director of conciliation of the name
				  of the designated arbitrator.
(b)
				  The arbitrator, upon notification of designation by the director of
				  conciliation, shall immediately communicate directly with the parties to make
				  arrangements for preliminary matters such as the date, time and place of the
				  arbitration hearing. If the arbitrator cannot schedule a hearing and determine
				  the issues promptly, the arbitrator shall notify the director of conciliation
				  forthwith. The director of conciliation shall take such action, consistent with
				  this Part, as the director of conciliation deems appropriate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.12 - Status of arbitrator after designation; conduct of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
After designation, the legal relationship of the arbitrator
					 is with the parties, rather than the board. While the board shall maintain a
					 continuing interest in the proceedings, the designated arbitrator shall not be
					 considered an agent or representative of the board. The conduct of the
					 arbitration proceeding shall be under the arbitrator's exclusive jurisdiction
					 and control, subject to such rules of procedure as the parties may jointly
					 agree upon. The arbitrator shall have all of the power specified in CPLR
					 sections 7505, 7506 and 7509 insofar as these sections may be applicable. The
					 arbitrator's conduct shall conform to applicable laws.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.13 - Stenographic record and transcript

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Either party or the arbitrator may
				  request that a stenographic record of testimony be taken and that party shall
				  be responsible for arrangements for such stenographic record.
(b) The party or parties requesting the
				  record shall pay the cost thereof, including the cost of a transcript to be
				  furnished to the arbitrator. If the arbitrator orders that testimony be
				  recorded, the cost of recording the testimony shall be mutually shared by the
				  parties, including the cost of a transcript to be furnished to the arbitrator.
				  Any other party to the arbitration shall be entitled to obtain a transcript
				  upon payment therefor. The arbitrator shall indicate whether or not the
				  transcript taken shall serve as the official record of the
				  proceeding.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.14 - Award upon settlement

Current through Register Vol. 46, No. 28, July 10, 2024
The commencement of the administration of this Part shall
					 in no way preclude the parties from adjusting the dispute on their own at any
					 time before or during an arbitration hearing. If a settlement has been reached
					 between the parties, the arbitrator, upon joint request of the parties, may set
					 forth the terms of the settlement in the form of an award.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.15 - Expedited rendition of award

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should the parties mutually agree to an
				  expedited rendition of the arbitrator's award, notice in the form of a joint
				  request in writing shall be received by the director of conciliation before the
				  designation of the arbitrator.
(b)
				  The decision of the arbitrator shall be in the form of an award only, and shall
				  be rendered within seven days after the arbitrator has declared the hearing
				  closed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.16 - Form of award and time rendered

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The award shall be in writing, signed and affirmed by the arbitrator, and shall
				  be delivered to the parties either personally or by registered or certified
				  mail, return receipt requested. If the parties agree, the award shall be
				  delivered electronically. If no period of time for the rendition of an award
				  has been specified in the agreement and the parties have not mutually agreed to
				  an expedited rendition of the award, as provided in section
				  257.15  of this Title, an award
				  shall be rendered within 30 days after the arbitrator has declared the hearing
				  closed, unless this time period has been extended by the parties and so
				  confirmed by them in writing.
(b)
				  If no award has been rendered within 60 days after the arbitrator has been
				  designated, it shall be the responsibility of the arbitrator to inform the
				  director of conciliation of the status of the case. In any case, the parties
				  shall notify the director of conciliation of any undue delay.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 257 - Conciliation for NON-FLFLPA Matters › Section 257.17 - Time extension

Current through Register Vol. 46, No. 28, July 10, 2024
Except as prescribed by statute, upon request of any party,
					 with notice to the other party, the director of conciliation, for good cause
					 shown, may extend any time limit in this Part except the time limit for
					 rendering an award.