reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.4 - Contents of petition for review

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for review shall contain the following:
(a) The name, affiliation, if any, and
				address of petitioner.
(b) The name
				and address of the public employer involved.
(c) A summary of the proceedings, if any,
				before the impartial agency established under section
				206.1 of the act, including copies
				of the petition and other documents filed in such proceedings or issued by the
				impartial agency.
(d) A clear and
				concise statement of the grounds for alleging that the procedures established
				by the local public employer are not consistent with the provisions of sections
				206.1 and 207 of the act and
				pertinent sections of this Chapter, or that the decision of the impartial
				agency is repugnant to the act and pertinent sections of this
				Chapter.
(e) A statement that the
				matter is not subject to section 212 of the act.
(f) If petitioner is seeking certification:
(1) an affirmation that petitioner does not
				assert the right to strike against any government, to assist or participate in
				any such strike, or to impose an obligation to conduct, assist or participate
				in such a strike;
(2) a description
				of the negotiating unit which petitioner claims to be appropriate;
(3) the number of employees in the allegedly
				appropriate unit;
(4) whether the
				showing of interest requirement, as set forth in sections 201.3 and
				201.4 of this Title, is
				met;
(5) the date upon which
				petitioner asked the public employer for recognition; and
(6) the names and addresses of any other
				employee organizations which claim to represent any public employees within the
				allegedly appropriate unit. If there is any contract covering the public
				employees in such unit, petitioner shall specify the duration, the parties and
				the unit included in the contract, or attach a copy of the contract.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.5 - Intervention

Current through Register Vol. 46, No. 28, July 10, 2024
Intervention is permitted in accordance with the procedures
				  specified in section
				  212.1 of this
				  Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.6 - Notice of pending petitions

Current through Register Vol. 46, No. 28, July 10, 2024
Notice of pending petitions shall be provided in the manner
				  specified in section
				  201.7 of this
				  Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.7 - Investigation and hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				director shall direct an investigation of questions raised by the petition
				including, if applicable, whether the showing of interest requirement, as set
				forth in sections 201.3 and
				201.4 of this Title, has been met.
				The investigator shall also consider whether the procedures established by the
				local public employer are consistent with the provisions of sections
				206.1 and 207 of the act and
				pertinent sections of this Chapter, and whether the decision of the impartial
				agency is repugnant to the act and pertinent sections of this
				Chapter.
(b) The director may
				direct that a hearing be conducted by an administrative law judge, in which
				event the procedures shall be those specified in Part 212 of this
				Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.8 - Decision by administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of the proceedings, the administrative law
				  judge shall issue a decision and submit the record of the case to the board, as
				  specified in section
				  201.10 of this
				  Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.9 - Exceptions to decision of administrative law judge; action by the board

Current through Register Vol. 46, No. 28, July 10, 2024
Exceptions to a decision of the administrative law judge and
				  final action by the board shall be as set forth in section
				  201.11(a) and Part
				  213 of this Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.1 - Application for approval; filing

Current through Register Vol. 46, No. 28, July 10, 2024
An original and four copies of an application may be filed by
				  a local government which, acting through its legislative body, has adopted or
				  amended by local law, ordinance or resolution its own provisions and
				  procedures, for a determination by the board that such provisions and
				  procedures are substantially equivalent to the provisions and procedures set
				  forth in the act and these rules. Applications under this section shall be in
				  writing and signed. Should the chairperson authorize electronic filing of
				  applications, the filing of a paper original consistent with this section and
				  electronic filing and service of a copy shall constitute compliance with the
				  filing and service requirements herein contained. Application forms will be
				  supplied by the board upon request, and will be available on the agency's
				  website. Such an application may be filed at any time after the applicant has
				  given public notice of its intention to so file, and may be withdrawn by the
				  applicant at any time before disposition of it by the board and after giving
				  public notice of such withdrawal. Such public notice shall be by posting in a
				  conspicuous place at suitable offices of the applicant for not less than five
				  working days, and inclusion in a public advertisement in a newspaper of general
				  circulation in the area of the applicant for not less than one
				  day.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.2 - Contents of application

Current through Register Vol. 46, No. 28, July 10, 2024
An application for determination that local provisions and
				  procedures are substantially equivalent to the provisions and procedures set
				  forth in the act and these rules shall contain the following:
(a) name and address of the
				applicant;
(b) a copy of the local
				law, ordinance or resolution adopted or amended by the legislative body of the
				applicant;
(c) if an amendment, a
				statement as to whether the local law, ordinance or resolution to be amended
				has been determined to be substantially equivalent to the provisions and
				procedures set forth in the act and these rules and, if so, whether the board
				has determined that the continuing implementation of such local law, ordinance
				or resolution was not substantially equivalent to such provisions and
				procedures;
(d) a copy of the
				public notice announcing the application and a description of the manner and
				date of its publication;
(e) the
				names and addresses of any employee organizations which have been certified or
				recognized to represent any public employees of the applicant; and
(f) the names and addresses of any other
				employee organizations which claim to represent any public employees of the
				applicant.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.3 - Objections

Current through Register Vol. 46, No. 28, July 10, 2024
Any objections to the granting of the application may be
				  filed and served in the same manner as the application by any person or
				  employee organization within 15 working days after receipt by the board of the
				  application; provided, however, that the board may excuse the late filing of
				  objections because of extraordinary circumstances.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.4 - Investigation and hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				board shall direct an investigation of any questions raised by the application
				and such objections to the application as may be filed with the board. In
				conducting such an investigation, the board or its agent may require affidavits
				or direct a hearing. If a hearing is directed, the board or its agent shall
				prepare and cause to be served upon the applicant and any party a notice of
				hearing before the board or its designated administrative law judge at a time
				and place fixed therein.
(b) In the
				event a hearing is directed, the provisions of Part 212 of this Chapter shall
				govern.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.5 - Determination by the board

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of a report and recommendations from its agent
				  and of the record of any hearing which may have been held, or upon the
				  completion of its own investigation, and upon such exceptions as may have been
				  filed pursuant to Part 213 of this Title, the board shall decide the issues and
				  make such disposition of the matter as it deems appropriate.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.6 - Termination or amendment of procedures by a local government

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To be approved, the provisions and
				procedures established by a local government under section 212 of the act must
				provide,
inter alia,
that termination shall become effective
				no sooner than 60 days after the filing with the board of a duly certified copy
				of a local law, ordinance or resolution of such local government terminating
				the applicability of the local provisions and procedures, or on the date
				specified in the local law, ordinance or resolution, whichever is later. The
				provisions and procedures must also provide that the local government will give
				public notice of the termination of the local procedures at least 45 days prior
				to the effective date thereof, by posting in a conspicuous place at suitable
				offices of its own for not less than five working days and inclusion in a
				public advertisement in a local newspaper of general circulation for not less
				than one day.
(b) To be approved,
				the provisions and procedures established by a local government under section
				212 of the act must provide,
inter alia,
that no amendment
				shall be effective until the board finds that the provisions and procedures, as
				amended, are substantially equivalent to the provisions and procedures set
				forth in the act and these rules.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.7 - Local regulations

Current through Register Vol. 46, No. 28, July 10, 2024
Upon approval of the provisions and procedures established by
				  a local government under section 212 of the act, the local agency shall perform
				  the duties set forth in the local equivalent of sections 209 and 210.3 of the
				  act. Within 45 days from the date of such approval, the local agency must adopt
				  rules of procedure substantially equivalent to Part 201 of this Title. Within
				  such 45 days, it must also adopt rules of procedure substantially equivalent to
				  Part 206 of this Chapter which shall be applicable if no proceeding is
				  instituted under section 751.2 of the Judiciary Law to punish an employee
				  organization which violates section
				  210.1 of the act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 203 - Procedures for the Approval or Review of Local Government Procedures under Section 212 of the Act › Section 203.8 - Procedures for the review of implementation of local government procedures under section 212 of the act

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				fact that a local government has not adopted rules and regulations within 45
				days after the board has determined that its provisions and procedures are
				substantially equivalent to the provisions and procedures set forth in the act
				and this Chapter shall be prima facie evidence that the local government has
				not implemented its provisions and procedures in a manner substantially
				equivalent to the provisions and procedures set forth in the act and this
				Chapter.
(b)
Petitions:
				filing.
A petition to review the question of whether provisions and
				  procedures of a local government are being implemented in a manner
				  substantially equivalent to the provisions and procedures set forth in the act
				  and this Chapter (hereinafter called a petition for review) may be filed by any
				  person. Petitions under this section shall be in writing and signed. An
				  original and four copies of the petition shall be filed with the board. Should
				  the chairperson authorize electronic filing of such petitions, the filing of a
				  signed paper original consistent with this section and electronic filing and
				  service of a copy shall constitute compliance with the filing and service
				  requirements herein contained. Petition forms will be supplied by the board
				  upon request and will be available on the agency's website. The petition may be
				  withdrawn only with the consent of the board. Whenever the board approves
				  withdrawal of any petition, the case shall be closed.
(c)
Time for filing of
				petitions.
A petition for review may be filed within 60 days after the
				  act or inaction complained of occurred or failed to occur.
(d)
Contents of petitions for
				review.
A petition for review shall contain the following:
(1) The name, affiliation, if any, and
				address of petitioner.
(2) The name
				of the local government involved.
(3) The names and addresses of any employee
				organizations which have been certified or recognized to represent any public
				employees under the local government provisions and procedures.
(4) The names and addresses of any other
				employee organizations which claim to represent any public employees under the
				jurisdiction of the local government involved.
(5) A clear and concise statement of the
				grounds for alleging that the local government provisions and procedures, as
				implemented, are not substantially equivalent to the provisions and procedures
				set forth in the act and this Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.1 - Charge

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing of
				charge.
(1) An original and four
				copies of a charge that any public employer or its agents, or any employee
				organization or its agents, has engaged in, or is engaging in, an improper
				practice may be filed with the director by one or more public employees or any
				employee organization acting in their behalf, or by a public employer, within
				four months of when the charging party first knew, or reasonably should have
				known, of the alleged improper practice. Should the chairperson authorize
				electronic filing of such charge, the filing of a signed paper original
				consistent with this section and electronic filing and service of a copy shall
				constitute compliance with the filing and service requirements herein
				contained.
(2) If the facts
				constituting the alleged improper practice are also alleged to support a claim
				by an employee organization that a public employer or its representatives
				engaged in such acts of extreme provocation as to detract from the
				responsibility of the employee organization for a strike, then the charge may
				not be filed after the date on which the employee organization is required to
				file its answer to the strike charge pursuant to section
				206.5 of this Chapter.
(3) The charge shall be in writing on a form
				prescribed by the board and shall be signed and sworn to before any person
				authorized to administer oaths.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.2 - Initial processing by director

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial review.
(1) After a charge is filed, the director
				shall conduct a review of the charge to determine whether the facts as alleged
				may constitute an improper practice as set forth in section 209-a of the act.
				If the director determines that the facts as alleged do not, as a matter of
				law, constitute a violation, or that the charge as pleaded is not timely, the
				director may dismiss it subject to review by the board under Part 213 of this
				Chapter; alternatively, the director may permit the party to amend the charge
				to cure such deficiency in the charge. If the deficiency is not cured, the
				director may dismiss the charge or deem the charge, or any part thereof,
				withdrawn.
(2) Notice of
				conference. Except where subdivision (b) of this section is applicable, a
				notice of conference pursuant to Part 212 of this Chapter shall be prepared by
				the director or a designated administrative law judge specifying the time and
				place for the conference and, together with a copy of the charge, shall be
				delivered to the charging party and each named respondent.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.5 - Hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
Hearings will be conducted in accordance with the procedures
				  set forth in Part 212 of this Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.6 - Decision and recommended order by administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
Upon closure of the record before an administrative law judge
				  designated by the director, the administrative law judge shall issue a decision
				  and recommended order and submit the record of the case to the
				  board.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.7 - Application for injunctive relief

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing of application.
A party filing an improper practice charge pursuant to Part
				  204 of this Chapter may apply to the board for injunctive relief pursuant to
				  section 209-a.4 of the act by filing with the office of counsel at the board's
				  Albany office either by electronic mail, or by filing an original and two
				  copies of a signed application for injunctive relief. An application filed by
				  mail or overnight delivery service shall be filed in an envelope or container
				  prominently bearing the legend "INJUNCTIVE RELIEF APPLICATION" in capital
				  letters on its front. An application that is filed by electronic mail at an
				  address designated by the board for such purpose and published on the agency's
				  website shall state in the subject line "APPLICATION FOR INJUNCTIVE
				  RELIEF."
(b)
Application form.
The application shall be filed on a form prescribed by the
				  board which shall give notice of the right to respond pursuant to section
				  204.8 of this Part. The application
				  form shall include the following:
(1)
				the name, address, telephone number, electronic mail address, fax number, and
				affiliation, if any, of the charging party;
(2) the name, title, address, telephone
				number, electronic mail address, and fax number of any representative filing
				the application on behalf of the charging party;
(3) the name, title, address, telephone
				number, electronic mail address, and fax number of any attorney or other
				representative who will represent the charging party during the processing of
				the application, if different from the representative named in response to
				paragraph (2) of this subdivision;
(4) the name, address, electronic mail
				address if known, and telephone number of any public employer or employee
				organization named as a party to the improper practice charge;
(5) the date when the improper practice
				charge was filed; and
(6) the case
				number of the improper practice charge, if available.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.8 - Response to application for injunctive relief

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing of response.
A party to whom an application for injunctive relief is
				  delivered pursuant to section
				  204.7 of this Part may file with
				  the office of counsel an original and two copies of a response to the
				  application, with proof of service of a copy of the response on all parties
				  within five days after the application was actually delivered. Alternatively,
				  an original and one copy of a response with proof of service on all parties,
				  may be filed with the office of counsel by either electronic mail at an
				  electronic mail address designated by the board for that purpose, or by fax at
				  a fax number designated by the board for that purpose within five days after
				  delivery of the application. If the response is filed by fax, the responding
				  party shall mail or deliver an original and two copies of the response to the
				  office of counsel by the next working day. Unless otherwise authorized by the
				  office of counsel, copies of the response shall be served on all other parties
				  in the same manner in which the application is filed with the office of
				  counsel. The response shall be signed and sworn to before any person authorized
				  to administer oaths and shall be deemed filed when received by the office of
				  counsel.
(b)
Contents
				of response.
(1) The response, if any,
				shall assert any defense that the responding party, at the time of filing,
				believes it could rightfully assert in an answer or responsive pleading to the
				improper practice charge, including any affirmative defenses pursuant to
				section 204.3(c)(2) of
				this Part. The response shall not constitute an answer or responsive pleading
				to the improper practice charge pursuant to section
				204.3 of this Part, and asserting
				or not asserting any affirmative defense or other defense in the response shall
				not prejudice any party with regard to defenses or affirmative defenses that
				party may plead or not plead in an answer or responsive pleading filed pursuant
				to that section.
(2) Any affidavit
				submitted in support of the response shall be made on the basis of personal
				knowledge of the relevant facts and documentary evidence attached to the
				affidavit. If filed electronically, the affidavit or affidavits shall be in
				searchable format and shall not be scanned copies of the original
				documents.
(3) The response may be
				accompanied by a memorandum of law in opposition to the application for
				injunctive relief. If filed electronically, the affidavit or affidavits shall
				be in searchable format and shall not be scanned copies of the original
				documents.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.9 - Review of application for injunctive relief

Current through Register Vol. 46, No. 28, July 10, 2024
Within 10 days after receipt by the office of counsel of a
				  completed application for injunctive relief, the board, by its office of
				  counsel, shall determine whether a sufficient showing has been made pursuant to
				  section 209-a.4 of the act. If a sufficient showing has been made, the board by
				  its office of counsel, shall petition Supreme Court for injunctive relief upon
				  notice to all parties or shall issue an order, with notice to all parties,
				  permitting the charging party to seek injunctive relief by petition to Supreme
				  Court. Where a sufficient showing has not been made, notice of that
				  determination, stating the reasons for it, shall be issued by the board by its
				  office of counsel to all parties within 10 days after receipt of the
				  application by the board. Orders permitting the charging party to seek
				  injunctive relief by petition to Supreme Court and notices to the parties that
				  a sufficient showing has not been made may be issued by fax or electronic
				  mail.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.10 - Expedited treatment where injunctive relief imposed

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding the time limits stated in sections 204.2 and
				  204.3 of this Part, when injunctive
				  relief is imposed by a court pursuant to section 209-a.4 of the act, after
				  affording the parties an opportunity for consultation, the administrative law
				  judge assigned to the proceeding shall issue a scheduling order or orders
				  setting the dates and times for service and filing of answers, responsive
				  pleadings, motions, responses, briefs, and proposed findings of fact and
				  conclusions of law, and for conduct of a pre-hearing conference and hearing.
				  Unless the parties mutually agree to waive the time limit for conducting the
				  hearing and issuing a decision pursuant to section 209-a.4(d) of the act,
				  scheduling orders shall be fashioned in such a manner as to permit the
				  administrative law judge to issue a decision on the improper practice charge
				  within 60 days after the imposition of injunctive relief in accordance with
				  section 209-a.4(d) of the act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.1 - Impasses

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing of
				declaration of impasse.
In the event that a public employer and a certified or
				  recognized employee organization have failed to achieve an agreement, either
				  the public employer or the employee organization may notify the board in
				  writing of the existence of an impasse by filing a declaration of impasse. An
				  original and one copy of the declaration shall be filed with the director of
				  conciliation, and another shall be served upon all other parties to the
				  negotiations. Such declaration shall specify:
(1) the name, affiliation, if any, and
				address, telephone number, fax number, and electronic mail address, if any, of
				the person issuing the declaration;
(2) the name or names and address(es),
				telephone number, fax number, and electronic mail address, if known, of the
				other parties to the collective negotiations;
(3) a statement that the employee
				organization involved is either certified or recognized;
(4) the number of employees in the
				negotiating unit, together with a list of the job titles represented in that
				unit;
(5) the public employer's
				fiscal year and the expiration date of the present agreement;
(6) a clear and concise history of
				negotiations leading to the impasse, including the number and dates of the
				negotiation sessions;
(7) a list of
				all presently unresolved issues;
(8) a statement that a copy of the
				declaration has been served upon the other parties to the collective
				negotiations;
(9) a statement that
				the individual filing the declaration has authority to do so on behalf of the
				filing party; and
(10) a clear and
				concise statement of any other relevant facts.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.2 - Voluntary interest arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				In the event that a public employer and a certified or recognized employee
				organization agree to submit any unresolved issue in negotiations to
				arbitration, they may request the assistance of the board in providing for such
				arbitration by a letter directed to the director of conciliation.
(b) The written request may be initiated by
				either party and 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.3 - Compulsory interest arbitration pursuant to section 209.4 of the act

Current through Register Vol. 46, No. 28, July 10, 2024
The following relates to impasses in collective negotiations
				  between a public employer and a recognized or certified employee organization
				  as to the conditions of employment of employees covered by the provisions of
				  section 209.4 of the act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.4 - Compulsory interest arbitration; petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing.
An original and three copies of a petition requesting the
				  director of conciliation to refer an impasse to a public arbitration panel may
				  be filed by an employee organization or public employer after 15 days have
				  elapsed following appointment of a mediator to such impasse by the director of
				  conciliation. A copy of the petition shall also be served upon the other party
				  to the impasse simultaneously. Should the chairperson authorize electronic
				  filing of the petition, the filing of a signed paper original consistent with
				  this section and electronic filing and service of a copy shall constitute
				  compliance with the filing and service requirements herein contained.
(b)
Contents.
Such petition shall contain the following:
(1) The name and address of the public
				employer and the employee organization involved in the impasse.
(2) The name, title, address, telephone
				number, fax number and electronic mail address, if known, of the representative
				of each party to whom correspondence shall be directed.
(3) A statement of each of the terms and
				conditions of employment raised during negotiations, as follows:
(i) terms and conditions of employment that
				have been agreed upon; and
(ii)
				petitioner's position regarding terms and conditions of employment not agreed
				upon.
Proposed contract language presented during negotiations must
				  be attached.
(4)
				The name of the mediator and the number and dates of mediation sessions
				held.
(5) The name, address,
				telephone number, fax number and electronic mail address if any, of the
				individual that the petitioner is appointing to the public arbitration panel,
				and the same information for the individual who will be representing the
				petitioner before the public arbitration panel.
(6) Proof of service upon the respondent
				party.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.5 - Compulsory interest arbitration; response and cross-response

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Response.
A response shall be filed in the same manner as was the
				  petition within 10 working days of receipt of the petition requesting
				  arbitration. A copy of the response shall also be served simultaneously upon
				  the petitioning party.
(b)
Contents of response.
Such response shall contain respondent's position specifying
				  the terms and conditions of employment that were resolved by agreement, and as
				  to those that were not agreed upon, respondent shall set forth its position.
				  Proposed contract language presented during negotiations shall be included. If
				  the respondent has filed an improper practice charge or a declaratory ruling
				  petition related to compulsory interest arbitration under section
				  205.6 of this Part, the response
				  shall contain a reference to such charge or petition. The response must include
				  the name, address, telephone number, fax number and electronic mail address if
				  any, of the individual that the respondent is appointing to the public
				  arbitration panel, the same information for the individual who will be
				  representing the respondent in the interest arbitration, and proof of service
				  upon the petitioning party.
(c)
Cross-response.
A petitioner filing an objection to arbitrability under
				  section 205.6(b) of this
				  Part must file a cross-response notifying the director of conciliation of such
				  filing. Such cross-response shall be filed within 10 working days of receipt of
				  the response.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.6 - Objections to arbitrability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Objections to arbitrability.
Objections to the arbitrability of any matter set forth in
				  the petition or response may only be raised by the filing of an improper
				  practice charge or a declaratory ruling petition pursuant to the requirements
				  of this section. Objections as to arbitrability may include, but not be limited
				  to, the following circumstances:
(1) a
				matter proposed is not a mandatory subject of negotiations;
(2) a matter proposed was not the subject of
				negotiations prior to the petition;
(3) a matter proposed had been resolved by
				agreement during the course of negotiations.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.7 - Selection of compulsory interest arbitration panel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 10 days after receipt of the
				petition by the board, each party shall appoint its member to the arbitration
				panel and the two parties will jointly appoint the public member. The parties
				will immediately notify the director of conciliation of the identity of the
				three members of the panel selected by the parties. The director of
				conciliation shall forthwith designate such public arbitration panel and refer
				the dispute to such panel.
(b) If
				the parties are unable to agree upon the public member within 10 days of
				receipt of the petition, either party may request the board to submit a list of
				qualified persons for selection of the public member. Within seven days after
				receipt of such request, the director of conciliation shall submit to each
				party an identical list of nine arbitrators from its panel of arbitrators. A
				resume and billing disclosure statement of each arbitrator on such list shall
				be enclosed for the parties' review.
(c)
Selection.
Within 10 working days after receipt of the list, the parties
				  will notify the director of conciliation of the identity of a qualified public
				  member they have mutually agreed upon, or, if unable to agree, shall be
				  required to meet and make their selection in the following manner: Each party
				  shall alternately strike from the list one of the names with the order of
				  striking determined by lot until one person remains, who shall be designated as
				  the public member. If either party so desires, a representative of the board
				  will be present during the name- striking process. The name-striking process
				  must be completed within five days of receipt of the list from the director of
				  conciliation. The director of conciliation must be immediately notified of the
				  person selected as the public member. Upon the failure of one party to
				  participate in the selection process, all names on the list shall be deemed
				  acceptable to it, and the other party will be entitled to have its selection
				  designated as the public member.
(d)
Designation.
Upon notification of the identity of the public member of the
				  panel, the director of conciliation shall immediately designate such public
				  member, along with the individuals named by the parties in sections
				  205.4(b)(5) and
				  205.5(b) of this
				  Part, as the public arbitration panel and refer the dispute to such
				  panel.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.8 - Conduct of the arbitration proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
The conduct of the arbitration proceedings shall be under the
				  exclusive jurisdiction and control of the arbitration panel. The conduct of the
				  arbitration panel shall conform to applicable law.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.9 - Determination and award

Current through Register Vol. 46, No. 28, July 10, 2024
The determination and award of the arbitration panel shall be
				  in writing, signed and acknowledged by each member of the arbitration panel,
				  and shall be delivered to the parties either personally or by registered or
				  certified mail, return receipt requested. Within five working days of rendering
				  the determination and award, the arbitration panel shall file two copies of the
				  determination and award with the director of conciliation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.10 - Compulsory interest arbitration pursuant to section 209.5 of the act

Current through Register Vol. 46, No. 28, July 10, 2024
Sections
				  205.11 through
				  205.20 of this Part relate to
				  impasses in collective negotiations between the New York City Transit Authority
				  and Metropolitan Transportation Authority and their subsidiaries and recognized
				  or certified employee organizations covered by the provisions of section
				  209.5 of the act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.11 - Joint petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
				event the covered parties have failed to achieve an agreement, they may jointly
				request the director of conciliation to refer their dispute to a public
				arbitration panel by filing a joint petition. In such event, the provisions of
				sections 205.12 through
				205.17 of this Part shall not
				apply.
(b) Such joint petition
				shall contain the following:
(1) the name and
				address of the public employer and the employee organization involved in the
				impasse;
(2) the name, title,
				address, telephone number, fax number and electronic mail address if any, of
				the representative of each party to whom correspondence shall be
				directed;
(3) a statement that the
				parties jointly request arbitration of their dispute and have agreed as to
				which issues should be submitted to the arbitration panel;
(4) specification of the issues which the
				parties have agreed to submit to the arbitration panel; and
(5) the names, addresses, telephone numbers,
				fax numbers and electronic mail addresses, if any, of the individuals that the
				parties are appointing to the public arbitration panel as their respective
				members, and the same information for the individuals who will be representing
				the parties before the public arbitration panel.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.12 - Notification of impasse

Current through Register Vol. 46, No. 28, July 10, 2024
In the event the covered parties have failed to achieve an
				  agreement, either party may notify the director of conciliation of the
				  existence of an impasse. Such notice shall be filed with the director of
				  conciliation in accordance with the provisions of section
				  205.1 of this
				  Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.13 - Assignment of mediator

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of the notification of impasse, the director of
				  conciliation shall appoint a mediator from a list of qualified persons
				  maintained by the board to assist the parties to effect a voluntary resolution
				  of their collective negotiations.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.14 - Petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Either party to
				the impasse may file an original and three copies of a petition requesting the
				director of conciliation to refer their dispute to a public arbitration panel
				after 15 days have elapsed following appointment by the director of
				conciliation of a mediator to such dispute. Should the chairperson authorize
				electronic filing of the petition, the filing of a signed paper original
				consistent with this section and electronic filing and service of a copy shall
				constitute compliance with the filing and service requirements herein
				contained.
(b) Such petition shall
				contain the following:
(1) the name and
				address of the public employer and the employee organization involved in the
				impasse;
(2) the name, title,
				address, telephone number, fax numbers and electronic mail addresses, if known,
				of the representative of each party to whom correspondence shall be
				directed;
(3) the name of the
				mediator and the number and dates of all mediation sessions held;
(4) a statement that a voluntary resolution
				of the contract negotiations between the parties cannot be effected;
(5) the name, address, telephone number, fax
				number and electronic mail address, if any, of the individual that the
				petitioner is appointing to the public arbitration panel, and the same
				information for the individual who will be representing the petitioner before
				the public arbitration panel; and
(6) a statement of each of the terms and
				conditions of employment raised in the negotiations, as follows:
(i) terms and conditions of employment that
				have been agreed upon; and
(ii)
				petitioner's position regarding terms and conditions of employment not agreed
				upon. Proposed contract language presented during negotiations must be
				attached; and
(7) proof
				of service upon respondent.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.15 - Board certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Upon receipt of the petition requesting arbitration, the director of
				conciliation may conduct or cause to be conducted an investigation to ascertain
				if a voluntary resolution of the contract negotiations between the parties
				cannot be effected. In the course of such investigation, the director of
				conciliation may direct the parties to conduct further negotiations, with or
				without mediation. In such event, no new petition requesting arbitration need
				be filed.
(b) If the director of
				conciliation concludes that a voluntary resolution of the contract negotiations
				between the parties cannot be effected, the director of conciliation shall
				convey such conclusion to the board, together with a recommendation that the
				dispute be referred to a public arbitration panel. The parties shall be
				notified, in writing, of the recommendation of the director of conciliation.
				The respondent shall have an opportunity to object to the recommendation, in
				writing, within three days after receipt of the notice of the
				recommendation.
(c) If the board so
				determines, it shall certify that a voluntary resolution of the contract
				negotiations between the parties cannot be effected and shall refer the dispute
				to the designated public arbitration panel, subject, however, to the conditions
				set forth in section
				205.17(d) of this
				Part. In reaching its determination, the board may conduct or direct such
				additional investigation, including hearings, as it deems advisable and proper,
				and may direct the parties to conduct further negotiations, with or without
				mediation.