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 257 - Conciliation for NON-FLFLPA Matters › Section 257.18 - Expenses and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  administrative fee per party shall be charged by the board for its
				  administrative services.
(b) The
				  arbitrator's per diem fee, certified in advance by the arbitrator to the board
				  and listed on the arbitrator's resume, shall be the rate charged to the
				  parties. Compensation for the services of an arbitrator, including required
				  travel and other necessary and incidental expenses, shall be borne completely
				  by the parties. Each party shall pay 50 percent of such fees and expenses,
				  unless otherwise mutually agreed upon in writing by the parties.
(c) An arbitrator who requires the payment of
				  an adjournment fee in the event of a postponement or cancellation of a
				  scheduled hearing by either or both parties, shall give proper notice on his or
				  her resume. Unless otherwise mutually agreed upon in writing by the parties,
				  the party responsible for such adjournment shall pay the entire fee, and in the
				  case where both parties require adjournment, each party shall pay 50 percent of
				  such adjournment fee.
(d) Since the
				  designated arbitrator is not an agent or representative of the board, all
				  matters involving arbitrator payments and compensation are to be resolved
				  between the parties and the arbitrator directly.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.1 - Settlement of Labor Disputes

Current through Register Vol. 46, No. 28, July 10, 2024
Parties may submit requests for settlement of existing,
					 imminent, or threatened labor disputes to the director of conciliation, located
					 in Albany, New York.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.2 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.3 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.4 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.5 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.6 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.7 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.8 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.9 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.10 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.11 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.12 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.13 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.14 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.15 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.16 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.17 - 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 258 - Settlement of Labour Disputer Pursuant to Section 702-a for NON-FLFLPA Matters › Section 258.18 - 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 259 - Declaratory Rulings for NON-FLFLPA Matters › Section 259.1 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Filing of
				  petition. Any person, labor organization, or employer may file with the
				  director of PEPR electronically (see section
				  250.11  of this Title) a petition
				  for a declaratory ruling with respect to the scope of negotiations under SERA.
				  The petition shall be in writing on a form provided by the director of PEPR and
				  shall be supported by a declaration of the filer.
(b) Contents of petition. The petition shall
				  include the following:
(1) the name, address
				  and affiliation, if any, of the petitioner, and the title of any representative
				  filing the petition;
(2) a complete
				  statement of the relevant facts and the grounds prompting the petition,
				  including a full disclosure of the petitioner's interest;
(3) the names and addresses of any other
				  persons, labor organizations or employers whose interests are reasonably likely
				  to be affected by the ruling; and
(4) at the option of the petitioner, a
				  proposed ruling.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 259 - Declaratory Rulings for NON-FLFLPA Matters › Section 259.2 - Processing by the director of PEPR

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director of PEPR or an assigned
				  hearing officer will determine whether a declaratory ruling would be in the
				  public interest as reflected by the policies underlying SERA. If the director
				  of PEPR or hearing officer determines that it would not, they shall dismiss the
				  petition. Such dismissal shall merely constitute a refusal to issue a
				  declaratory ruling, and not the denial of any position proposed by the
				  petitioner. Such a decision to refuse to issue a declaratory ruling may be made
				  at any stage of the proceeding.
(b)
				  The director of PEPR or hearing officer shall send a copy of the petition to
				  any persons, labor organizations, or employers, in addition to those listed in
				  the petition, whom the director of PEPR or hearing officer deems to have
				  interests that are reasonably likely to be affected by the ruling, together
				  with a notice that they may at their option, become parties to the proceeding
				  by filing electronically a response to the petition within 10 working days from
				  their receipt thereof. Such response may challenge any of the allegations in
				  the petition and, whether or not petitioner has done so, it may propose a
				  ruling.
(c) The matter shall be
				  processed in accordance with the procedures set forth in Part 253 of this
				  Chapter, except that the director of PEPR or hearing officer shall issue a
				  decision, which may be reviewed pursuant to section
				  253.22  of this Chapter. Such
				  declaratory ruling will be final and binding on all parties as to the
				  negotiability of the subject or subjects, and may be reviewed along with the
				  final decision of the hearing officer or the board as part of a petition
				  pursuant to article 78 of the civil practice law and rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 260 - Access to records of the board for NON-FLFLPA Matters › Section 260.1 - Records available for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The records of the board available for public inspection
					 and copying, in accordance with the procedures hereinafter set forth, are those
					 described by section 87  of the
					 Public Officers Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 260 - Access to records of the board for NON-FLFLPA Matters › Section 260.2 - Designation of records access officer and appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A records access officer shall be
				  designated by the board's executive director for purposes of this Part. The
				  name, title, business address, and business phone number of such designee will
				  be posted on the agency's website.
(b) An appeals officer shall be designated by
				  the board's executive director for purposes of this Part. The name, title,
				  business address, and business phone number of such designee will be posted on
				  the agency's website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 260 - Access to records of the board for NON-FLFLPA Matters › Section 260.3 - Procedures for inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request to inspect or copy any record
				  shall be made in writing to the board's executive director at P.O. Box 2074
				  Empire State Plaza, Agency Building 2, 20th Floor, Albany, NY 12220-0074, or at
				  such other address the board shall designate on the agency's website, who will
				  make suitable arrangements for such inspection during regular office hours at
				  the offices of the board in Albany, New York City, or Buffalo, unless the
				  location of a particular record may require its inspection at a particular
				  office, in which case inspection shall occur at such office. Office hours will
				  be provided on the agency's website.
Note: Most records of the board available for inspection
					 may also be found in the published volume entitled Official Decisions, Opinions
					 and Related Matters of the Public Employment Relations Board, sets of which are
					 kept in various libraries, including the library of the Court of Appeals, the
					 four Appellate Divisions, and the board's libraries.
(b) A fee of 25 cents per page will be
				  charged for all print copies made upon request by anyone other than a member of
				  a board panel, to whom one copy of a document may be given without charge. The
				  board will make every effort to comply with requests for such copies as
				  expeditiously as possible.
(c)
				  Stenographic services at hearings held by the board are provided pursuant to
				  arrangements under which the stenographer has exclusive right to reproduce and
				  sell copies of minutes at hearings. While the minutes of hearings may be
				  inspected at the offices of the board, any person desiring a copy of minutes
				  must make arrangements directly with the stenographer. The name and address of
				  the stenographer will be furnished by the executive director upon
				  request.
(d) The records access
				  officer may, in his or her discretion, waive all or any portion of the fees
				  authorized by this section for any record or class of records.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 260 - Access to records of the board for NON-FLFLPA Matters › Section 260.4 - Denials and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
				  of access to records shall be in writing stating the reason therefor and
				  advising the requester of the right to appeal to the individual established to
				  determine appeals, who shall be identified by name, title, business address and
				  business phone number.
(b) Appeals
				  may be taken in accordance with section 89  of the
				  Public Officers Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 261 - MISCONDUCT BEFORE THE AGENCY FOR NON-FLFLPA MATTERS › Section 261.1 - Misconduct by any person

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by any person at any stage of a case before the
					 board, a hearing officer, or other person designated by the board to conduct
					 proceedings, may be grounds for summary exclusion by the board, hearing
					 officer, or other designee before whom misconduct occurred.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 261 - MISCONDUCT BEFORE THE AGENCY FOR NON-FLFLPA MATTERS › Section 261.2 - Suspension or other sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by an attorney or other representative before
					 the agency, including but not limited to misconduct at a hearing, shall be
					 grounds for discipline. Such misconduct, if of an aggravated character, may be
					 grounds for suspension and for prohibiting the attorney or representative from
					 practice before the agency and for other sanctions after due notice and a
					 hearing before the board or its designee. Any order of a hearing officer
					 imposing discipline under this section will be appealable to the board as part
					 of an appeal of the ultimate disposition of the underlying proceeding pursuant
					 to section
					 253.22  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 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
					 procedures governing the availability, location and nature of those records of
					 the board subject to the provisions of article 6-A of the Public Officers Law,
					 known as the Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
					 have the indicated meanings: The meaning of the words or term "data subject,"
					 "disclose," "personal information," "record," "system of records," and "routine
					 use" shall be as set forth in the Personal Privacy Protection Law article 6-A
					 of the Public Officers Law.
(a)
				  Privacy compliance officer means the board's executive director, whose business
				  address is Public Employment Relations Board, PO Box 2074, Empire State Plaza,
				  Agency Building 2, 20th Floor, Albany, NY 12220-0074, or such other address as
				  the board may designate on the agency's website.
(b) Privacy compliance appeals officer is the
				  chairperson of the board whose business address is Public Employment Relations
				  Board, PO Box 2074, Empire State Plaza, Agency Building 2, 20th Floor, Albany,
				  NY 12220-0074, or such other address as the board may designate on the agency's
				  website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.3 - Times, places for inspecting records and means for verifying the identity of a data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Records shall be available for inspection and copying by data subjects or their
				  authorized representatives on every day that the offices of the board are open
				  for the transaction of business between the hours of 8:30 a.m. and 4:45
				  p.m.
(b) Records may be inspected
				  at the locations designated by the privacy compliance officer.
(c) The identity of a data subject requesting
				  access to his or her record may be verified as follows:
(1) Before being given access to personal
				  information, an individual shall provide reasonable verification of his or her
				  identity. No individual need verify his or her identity when seeking access to
				  records which are otherwise available to any member of the public under the
				  Freedom of Information Law.
(2) In
				  the case of an individual who seeks in-person access to or amendment of
				  record(s), an employee identification card, a driver's license, or other
				  similar document shall constitute reasonable verification of
				  identity.
(3) When access to or
				  amendment of record(s) is requested by mail, the requirement for verification
				  of identity shall be met if the individual provides minimum identifying data,
				  such as date of birth and some item of information in the record that only the
				  concerned individual would likely know.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.4 - Requests for records

Current through Register Vol. 46, No. 28, July 10, 2024
All requests to inspect and/or copy records, subject to
					 disclosure as provided by this Part, are to be made to the privacy compliance
					 officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.5 - Fees for copying records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Fees
				  for certification of copies and supplying transcripts of all documents and
				  records under the seal of the board shall be the fees as prescribed by the
				  applicable regulation of the board.
(b) Fees for photocopies or data printouts of
				  records available pursuant to this Part shall be 25 cents per page.
(c) Except where fees are established by law,
				  rule or regulation, no fee shall be charged for:
(1) inspection of a record;
(2) record searches;
(3) certification pursuant to this Part;
				  and
(4) amendment or correction of
				  an agency record found to be in error.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.6 - Inspection and copying records

Current through Register Vol. 46, No. 28, July 10, 2024
Inspection and copying of records shall be subject to the
					 following process:
(a) Request for
				  access to records must be in writing, and shall identify or reasonably describe
				  the records sought. Such a request may be submitted by electronic mail to an
				  email address designated by the board, and posted on the agency's website. All
				  responsive communications to such a request, when submitted by electronic mail,
				  shall also be in electronic mail, provided that the request does not seek a
				  response in another form.
(b) The
				  privacy compliance officer shall, within five working days after receipt of a
				  request:
(1) make requested records
				  available;
(2) deny the request in
				  writing and in such denial:
(i) explain the
				  reason for denial;
(ii) set forth
				  the right of appeal to the privacy compliance appeals officer;
(iii) provide the name, title, business
				  address, and telephone number of the privacy compliance appeals officer;
				  or
(3) furnish written
				  acknowledgment of the request and the approximate date when the request will be
				  granted or denied.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.7 - Appeals of denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who has been denied access to
				  records by the privacy compliance officer may appeal such denial within 30 days
				  to the privacy compliance appeals officer, by submitting a written request,
				  which shall set forth:
(1) the date of the
				  request for records;
(2) the
				  records to which the requestor was denied access;
(3) the name and return address of the
				  requestor; and
(4) the requestor's
				  position, concisely stated, setting forth the reason why the decision of the
				  privacy compliance officer should be changed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.8 - Procedures governing the correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
The correction or amendment of records shall be subject to
					 the following process:
(a) A request
				  for the correction or amendment of a record shall be made in writing and shall
				  identify or reasonably describe such record. Such a request may be submitted by
				  electronic mail to an email address designated by the board, and posted on the
				  agency's website. All responsive communications to such a request, when
				  submitted by electronic mail, shall also be in electronic mail, provided that
				  the request does not seek a response in another form.
(b) The privacy compliance officer shall
				  within 30 working days after receipt of a request:
(1) make requested correction or amendment in
				  whole or part and advise the individual that upon request, parties to whom such
				  data has been disclosed in accordance with section
				  94.3(c) of the Public
				  Officers Law, will be advised of such correction or amendment;
(2) deny the request in writing. Such denial
				  shall:
(i) explain the reason for the
				  denial;
(ii) set forth the right of
				  appeal to the privacy compliance appeals officer; and
(iii) provide the name, title, business
				  address and telephone number of the privacy compliance appeals
				  officer.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 262 - PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA FOR NON-FLFLPA MATTERS › Section 262.9 - Appeals of denial of correction or amendment of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person whose request for correction
				  or amendment of records has been denied by the privacy compliance officer may
				  appeal such denial within 30 working days to the privacy compliance appeals
				  officer. Such a request may be submitted by electronic mail to an email address
				  designated by the board, and posted on the agency's website. All responsive
				  communications to such a request, when submitted by electronic mail, shall also
				  be in electronic mail, provided that the request does not seek a response in
				  another form. Such appeal shall be in writing and shall set forth:
(1) the date of the request for
				  records;
(2) the records whose
				  correction or amendment was denied and the requestor's justification for
				  changes sought; and
(3) the name
				  and return address of the requestor.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The rules in Part 263 apply to all proceedings brought
						under the Farm Laborers' Fair Labor Practices Act ("FLFLPA"). These rules shall
						be liberally construed and shall not be deemed to limit the powers conferred on
						the board by SERA.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.2 - Use of terms

Current through Register Vol. 46, No. 28, July 10, 2024
The terms
person, employer, employees,
						representatives, labor organization, company union, unfair labor practice, and
						labor dispute,
as used herein, shall have the meanings set forth in
						section 701 of the New York State Employment Relations Act.3
The statutory text of the New York State Employment
						  Relations Act uses the terms "labor organization" and "employee organization"
						  as fully synonymous while only defining the former. This usage applies to these
						  Rules.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.3 - SERA; board; chairperson

Current through Register Vol. 46, No. 28, July 10, 2024
The term
SERA,
as used herein, shall
						mean the New York State Employment Relations Act, and the terms
board
and
chairperson
or
chair
shall mean the New York State Public Employment
						Relations Board and the chairperson thereof.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.4 - Agency, PERB

Current through Register Vol. 46, No. 28, July 10, 2024
The term agency or
PERB
shall mean the
						New York State Public Employment Relations Board.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.5 - PEPR

Current through Register Vol. 46, No. 28, July 10, 2024
The term
PEPR
shall mean the office of
						private employment practices and representation.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.6 - Director of PEPR and Director of Conciliation

Current through Register Vol. 46, No. 28, July 10, 2024
The term
director of PEPR
shall mean the
						agent of the board designated as director of private employment practices and
						representation. The term
director of conciliation
shall mean
						the agent of the board so designated.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.7 - Counsel

Current through Register Vol. 46, No. 28, July 10, 2024
The term
counsel
shall mean the agent of
						the board so designated.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.8 - Deputy Chairperson

Current through Register Vol. 46, No. 28, July 10, 2024
The term
deputy chairperson
shall mean
						the agent of the board so designated.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.9 - Administrative law judge and hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The terms
administrative law judge
or
hearing officer
shall mean any agent of the board so
						designated by the chair or their designee and shall include the director and
						assistant director of PEPR. As used in these rules, the terms
administrative law judge
and
hearing officer
are interchangeable.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.10 - Singular/plural use of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Any term used in the singular in these rules also
						encompasses the plural of that term. For example, the terms
employer
or
labor organization
encompass the
						terms
employers
or
labor
						organizations
.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.11 - Special mediator

Current through Register Vol. 46, No. 28, July 10, 2024
The term
special mediator
shall mean any
						agent of the board so designated by the chair or their designee.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.12 - Substitution of agents

Current through Register Vol. 46, No. 28, July 10, 2024
Any task delegated in Part 263 to an agent of the board
						may be reassigned by the board or the director of PEPR to a different
						agent.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.13 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
The term
party
or
parties
as used herein in connection with proceedings under
						section 706 of SERA, shall mean any person, persons, entity, or entities
						cognizable under SERA, instituting any procedure under SERA, or named as a
						respondent or party in interest in any matter filed under SERA, and any other
						persons or labor organizations whose interventions have been permitted by the
						board or its agents, including but not limited to any hearing officer,
						administrative law judge, mediator, or special mediator.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.14 - Declaration

Current through Register Vol. 46, No. 28, July 10, 2024
The term
declaration,
as used in this
						Part, shall mean a statement that is made under penalty of perjury but is not
						sworn to before a notary or other person entitled to administer oaths. In any
						case brought under the FLFLPA, any documents submitted may be supported,
						evidenced, established, or proved by the unsworn declaration of the filing
						party. The declaration must state that the contents of the filing are declared
						as true under penalty of perjury under the laws of the State of New York. The
						declaration must be dated.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.15 - Electronic filing and service; paper filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
electronic
					 filing
, as used in this Chapter, shall mean a document submitted by
					 electronic mail to an address specified by the board on its website, or by
					 other electronic means specified by the board on its website. Such documents
					 shall be:
(1) in a format that can be read
					 using software that is readily available and is in widespread use by
					 government, businesses, and individuals; and
(2) electronically searchable unless the
					 party providing the document certifies in a written attachment to the document
					 served and/or in any required proof of service that it does not have the
					 capacity to produce a searchable file.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.16 - Computing time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
days,
as used in this Part, shall refer to calendar
					 days.
(b) The term
working
					 days,
as used in this Part, shall not include a Saturday, a Sunday, or
					 a legal State or federal holiday.
(c) In computing any period of time
					 prescribed or allowed by these rules, or by order or direction, the day of the
					 act, event, or default after which the designated period of time begins to run
					 shall not be included. The last day of the period so computed shall be
					 included, unless it falls on a Saturday, Sunday, or legal State or federal
					 holiday, in which event the period shall run to the next working day.
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") › DEFINITIONS AND GENERAL PROVISIONS › Section 263.17 - Showing of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 term
showing of interest,
as used in this Part, shall mean a
					 demonstration of support for the filing of a petition for certification, a
					 motion to intervene, or for certification without an election.
(b) A showing of interest shall consist of
					 evidence of current membership in a labor organization, including dues
					 deduction authorizations, original designation cards, or petitions on a form
					 prescribed by the board, all of which were signed and dated within one year of
					 submission.
(c) In the event that
					 the showing of interest does not represent a majority for the labor
					 organization in the unit alleged to be appropriate and a timely motion to
					 intervene is filed, the motion will be considered and an election
					 held.
(d) A showing of interest for
					 the filing of a petition or a motion to intervene must consist of at least
					 thirty (30) percent of employees in an allegedly appropriate negotiating unit
					 or a negotiating unit determined to be appropriate.
(e) Except as provided for in section
					 263.22  of this Part, any showing
					 of interest must be accompanied by a declaration of authenticity as set forth
					 in section
					 263.22  of this Part.
(f) A filing of dues deduction cards or other
					 evidence of support sufficient to demonstrate majority support in a unit
					 alleged to be appropriate may also be used to determine whether a labor
					 organization is entitled to certification without an election pursuant to
					 section 263.22(c) and (d) 
					 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 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › SPECIAL MEDIATORS › Section 263.18 - Special mediators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 employee, employee organization, or employer subject to SERA may request a
					 special mediator from the director of conciliation to resolve a labor dispute,
					 or to prevent a labor dispute from arising, or to seek to negotiate an
					 agreement to facilitate the exercise of any rights under this article in a
					 mutually acceptable manner.
(b)
					 Such special mediators can be assigned to resolve any controversy between
					 employers and employees or their representatives even before a petition or
					 declaration of impasse is filed or an unfair labor practice is alleged. In
					 their discretion, the director of conciliation will designate and assign a
					 special mediator. This provision in no way limits the authority vested in the
					 board and chairperson to designate special mediators as provided in sections
					 702 and 702-a of SERA.
(c) Special
					 mediators shall have the authority and power of members of the board with
					 regard to matters to which they are assigned. These powers include the ability
					 to direct the parties to meet at specified times and places and on specified
					 dates.
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 263.20 - Petition for certification filed by employee or their representative; contents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 petition for certification, when filed by an employee or their representative,
					 shall contain:
(1) the name, affiliation, if
					 any, and address of the petitioner and contact information of the individual
					 who will serve as the representative of the petitioner and accept service of
					 all papers for purposes of the representation proceeding. Contact information
					 shall include, if applicable, the name, title, address, telephone number,
					 facsimile number, and email address of the individual who will serve as the
					 representative of the petitioner;
(2) the name and address of the employer or
					 employers concerned;
(3) the
					 general nature of the business;
(4)
					 the number of employees in the unit which the petitioner claims to be
					 appropriate;
(5) the classification
					 or brief description of employees in the bargaining unit or units claimed to be
					 appropriate;
(6) the names and
					 addresses of any other persons or labor organizations who claim to represent
					 any employees in the alleged appropriate unit, and brief descriptions of the
					 contracts, if any, covering the employees in such unit;
(7) a statement that a substantial number, or
					 a majority, of employees in the described unit wish to be represented by the
					 petitioner. Evidence supporting the statement shall be filed with the petition
					 in accordance with section
					 263.22  of this Part, but
shall not
be served on any party;
(8) any other relevant facts;
(9) a request that the board certify the
					 petitioner as the collective bargaining representative of the employees within
					 the bargaining unit or units claimed to be appropriate.
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 263.21 - Sufficiency of petition

Current through Register Vol. 46, No. 28, July 10, 2024
No petition in a proceeding under section 705 of SERA
						shall be dismissed for failure of the petitioner to set forth in the petition
						all the information required, however, the hearing officer may, if necessary,
						require information not provided in the petition.
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 263.22 - Showing of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Showing of interest to director of PEPR.
All petitions for
					 certification, or motions to intervene, shall be accompanied by a showing of
					 interest. Such showing of interest shall be submitted with the petition, but
shall not
be served on any other party.
(1)
Sufficiency of showing of
					 interest.
A showing of interest demonstrating majority support for an
					 employee organization shall be sufficient for certification without
					 election.
(2) A showing of interest
					 of at least 30 percent of employees in the unit alleged to be appropriate shall
					 be sufficient for the director of PEPR to order an election to determine
					 employees' choice, if any, of an exclusive representative for collective
					 bargaining.
(3) In the event that
					 the showing of interest represents less than 30 percent of employees in the
					 unit alleged to be appropriate, the director of PEPR shall dismiss the
					 petition.
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 263.23 - Notification of petition to other parties

Current through Register Vol. 46, No. 28, July 10, 2024
Processing of a petition by PERB will begin within one
						working day of receipt of the petition by PERB. PERB will immediately notify
						the parties named in the petition of the filing and will assign a hearing
						officer. A copy of the petition shall be served with the notification.
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 263.25 - Hearing and/or conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Scheduling of conference and/or hearing.
A conference and/or
					 hearing shall be scheduled for the second business day after the response is
					 due. Parties should be prepared to fully present any evidence and respond to
					 all arguments and issues raised in the statements of position at the conference
					 and/or hearing.
(b)
Determination of whether hearing necessary.
After receipt of
					 all statements of position, the hearing officer will determine whether there
					 are any disputed issues of material fact which require additional evidence
					 beyond that provided in the petition and the offer of proof. If there are, the
					 hearing officer may conduct a hearing to resolve such issues. In the event that
					 there are no disputed issues of material fact, the hearing officer shall
					 resolve any legal issues raised in the statements of position and shall issue a
					 written decision.