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") › HEARINGS AND ELECTIONS › Section 263.26 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Question of representation.
The primary purpose of a
					 conference or hearing conducted under Section 705 of SERA by a hearing officer
					 is to investigate whether the requisite showing of interest has been
					 established and to determine if certification of the proposed bargaining
					 representative is appropriate.5
(b)
Petitioner's response.
At the conference and/or hearing, the Petitioner shall respond to all issues
					 raised in the statements of position.
(c) At the conference and/or hearing, parties
					 may request to admit additional documentary or testimonial evidence supporting
					 their positions.
(d)
Supervisory status.
Disputes concerning supervisory status
					 will normally not be litigated and resolved by the hearing officer before a
					 representative is certified. Questions of supervisory status will only be
					 addressed prior to certification where necessary to resolve whether the showing
					 of interest is sufficient for certification without an election.
(e) Certification. If, upon the record, the
					 hearing officer finds that the requisite showing of majority support for the
					 proposed bargaining unit has been established and the bargaining unit is
					 appropriate, the hearing officer shall certify the representative.
(f) Conduct of hearing. Hearings shall be
					 conducted by a hearing officer and shall be open to the public unless otherwise
					 ordered by the hearing officer. At any time, a hearing officer may be
					 substituted for the hearing officer previously presiding by the director of
					 PEPR. A hearing officer may conduct a hearing either in person, by telephone,
					 or electronically by use of a digital platform enabling the hearing officer,
					 all parties, and any witnesses to be seen and heard.
(g) Continuation of hearing. The hearing
					 shall continue from day to day until completed unless the hearing officer
					 concludes that extraordinary circumstances warrant otherwise. The hearing
					 officer may, in the hearing officer's discretion, adjourn the hearing to a
					 different place by announcement thereof at the hearing or by other appropriate
					 notice.
(h)
Oral
					 argument.
Any party shall be entitled, upon request, to a reasonable
					 period at the close of the hearing for oral argument, which shall be included
					 in the stenographic record of the hearing. Post-hearing briefs shall be filed
					 only upon special permission of the hearing officer and within the time and
					 addressing the subjects permitted by the hearing officer. Post-hearing briefs,
					 if allowed by the hearing officer, shall be due within two business days of the
					 close of the hearing. Copies of the brief shall be served on all other parties
					 to the proceeding and a statement of such service shall be filed with the
					 hearing officer together with the brief. No reply may be filed except upon
					 special permission of the hearing officer.
Authority, section 705 of
						  SERA.