New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PETITION FOR CERTIFICATION › Section 263.24 - Statement of position and offer of proof in certification cases

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing
					 and service of statement of position.
All parties named in the
					 petition, except for the petitioner, shall file with the assigned hearing
					 officer within 8 calendar days after receipt of a copy of the petition a
					 statement of position. The statement of position shall be served on all parties
					 named in the petition. The statement of position shall be served electronically
					 (see section
					 263.15  of this Part), or by any
					 other means permitted by the hearing officer. The statement of position must be
					 received by the hearing officer by noon on the 8th calendar day. The hearing
					 officer may postpone the time for filing and serving the statement of position
					 for up to 2 business days upon timely request of a party only upon a showing of
					 special circumstances. The hearing officer may postpone the time for filing and
					 serving the statement of position for more than 2 business days upon timely
					 request of a party only upon a showing of extraordinary circumstances. The
					 hearing officer may permit the employer to amend its statement of position in a
					 timely manner for good cause.
(b)
Content of statement of position.
The employer's statement of
					 position shall state whether the employer disputes that the board has
					 jurisdiction over it, and if so, the basis for the dispute, and whether the
					 employer agrees that the proposed unit is appropriate. If the employer does not
					 agree that the proposed unit is appropriate, the statement of position shall
					 state the basis for the employer's contention that the proposed unit is
					 inappropriate, and state the classifications, locations, or other employee
					 groupings that must be added to or excluded from the proposed unit to make it
					 an appropriate unit; identify any individuals whose eligibility to vote the
					 employer intends to contest in the proceedings and the basis of each such
					 contention; raise any election bar; and describe all other issues the employer
					 intends to raise in the proceedings. The statement of position shall include a
					 specific admission, denial, or explanation of each allegation made by the
					 petitioner. Any allegation in the petition which is not specifically denied
					 shall be deemed to be true. The employer may not raise any issue in the
					 proceedings which has not been raised in a timely statement of position.
					 Failure to timely provide the required employee lists shall preclude an
					 employer from contesting the appropriateness of the proposed unit.
(c)
Offers of proof.
The
					 statement of position shall include an offer of proof setting forth the
					 evidence that the party would present regarding any disputed issues that go to
					 whether the petitioner has demonstrated majority support for the proposed unit.
					 The offer of proof shall identify each witness the party would call and
					 summarize each witness's testimony. If the hearing officer determines that the
					 evidence described in an offer of proof, if proven, is insufficient to sustain
					 the proponent's position, the evidence shall not be received.
(d)
Representative for
					 service.
The statement of position shall also state the name, title,
					 address, telephone number, facsimile number, and email address of the
					 individual who will serve as the representative of the employer and accept
					 service of all papers for purposes of the representation proceeding.
(e)
Information on individuals in
					 proposed unit.
The statement of position shall include a list of the
					 full names, work locations, shifts, and job classifications of all individuals
					 in the proposed unit as of the payroll period preceding the filing of the
					 petition who remain employed at the time of filing. If the employer contends
					 that the proposed unit is inappropriate, the employer shall separately list the
					 full names, work locations, shifts, and job classifications of all individuals
					 that the employer contends must be added to the proposed unit to make it an
					 appropriate unit. The employer shall also indicate those individuals, if any,
					 whom it believes must be excluded from the proposed unit to make it an
					 appropriate unit. The list(s) of names shall be alphabetized (overall or by
					 department) and be in an electronic format, either Microsoft Word, Adobe
					 Acrobat pdf, or Excel, unless the employer certifies that it does not possess
					 the capacity to produce the list in the required form.
(f)
Declaration of
					 truthfulness.
The statement of position shall contain a signed
					 declaration of its truthfulness by an identified representative of the
					 responding party, with proof of service of a copy thereof upon all other
					 parties.