reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 205 - Conciliation › Section 205.16 - Response and cross-response

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Response.
An original and three copies of a response shall be filed
				  within 10 working days after receipt of the petition requesting arbitration. A
				  copy of the response shall be simultaneously served, by the same means as the
				  petition was served, on 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 relating to the petition for interest arbitration, 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 205.17(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 205.17 - Objections to arbitrability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				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; or
(3) a matter proposed has 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 205.19 - 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 205.20 - 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 206 - Strikes against Public Employers › Section 206.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The following relates to all public employment except by a
				  government that has adopted procedures by local law, ordinance or resolution
				  pursuant to section 212 of the act and with respect to which there is in effect
				  a determination that such provisions and procedures are substantially
				  equivalent to the provisions and procedures set forth in the act and in
				  pertinent rules with respect to the State.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 206 - Strikes against Public Employers › Section 206.2 - Filing of charge

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A charge
				that any employee organization or agent thereof is engaging in, causing,
				instigating, encouraging or condoning a strike may be made by the chief legal
				officer of the government involved or the counsel upon his or her own motion.
				Such a charge shall be in writing and signed. An original and four copies of
				the charge, with proof of service upon the employee organization-respondent,
				shall be filed with the board, and, if the charging party is the counsel,
				counsel shall simultaneously serve a copy of the charge on the chief legal
				officer of the government involved. Charge forms will be supplied by the
				counsel upon request, and/or will be available on the agency's website. Should
				the chairperson authorize electronic filing of the charge, the filing of a
				signed paper original consistent with this section and electronic filing and
				service of a copy to an address specified by the agency on its website shall
				constitute compliance with the filing and service requirements herein
				contained.
(b) The chief legal
				officer of a government involved or counsel may intervene as a party in any
				proceeding initiated by the other pursuant to 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 206 - Strikes against Public Employers › Section 206.3 - Contents of the charge

Current through Register Vol. 46, No. 28, July 10, 2024
A charge shall contain the following:
(a) the full name and address of the party
				making the charge;
(b) the name of
				the employee organization against whom the charge is made; and
(c) a clear and concise statement of the
				facts constituting the alleged violation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 206 - Strikes against Public Employers › Section 206.4 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of a charge filed by the chief legal officer of
				  a government involved or the counsel, the board shall issue to the parties a
				  notice setting forth the time and place of the hearing, which time shall be not
				  less than eight working days after the receipt of the notice.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 206 - Strikes against Public Employers › Section 206.5 - Answer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The employee
				organization against whom the charge is issued shall file in the same manner as
				the petition an answer, with proof of service of a copy on all other parties,
				by such means as the petition was served, within eight days after receipt of a
				copy of the charge.
(b) The answer
				shall be in writing and signed.
(c)
				The answer shall contain a specific denial of each allegation of the charge
				contravened by the public employee organization, or of any knowledge or
				information thereof sufficient to form a belief. An allegation of the charge
				not specifically denied in the answer, unless the party affirms that it is
				without knowledge or information thereof sufficient to form a belief, shall be
				deemed admitted and may be so found by the board. The answer shall also contain
				a statement of the facts constituting the grounds of defense. Allegation of any
				facts in the answer shall be deemed denied without the necessity of a
				reply.
(d) If the party against
				whom the charge is issued fails to file an answer within the time or in
				compliance with the manner herein provided, such failure shall constitute an
				admission of the material facts alleged in the charge and an admission that the
				party violated subdivision (1) of section 210 of the act. Such failure shall
				also constitute a waiver of any claims which the party must raise by its answer
				under paragraph (f) of subdivision (3) of section 210 of the act. Upon such
				failure, a hearing shall be held only for the purpose of fixing the duration of
				the forfeiture.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 206 - Strikes against Public Employers › Section 206.6 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The board may
				designate an administrative law judge to conduct a hearing pursuant to Part 212
				of this Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 206 - Strikes against Public Employers › Section 206.7 - Submission to the board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After
				completion of the hearing, or upon the consent of the parties, the
				administrative law judge shall submit the case, including his or her report and
				recommendations, to the board. The record shall include the charge, notice of
				hearing, motions, rulings, orders, stenographic report of the hearing,
				stipulations, exceptions, documentary evidence and any briefs or other
				documents submitted by the parties. The board shall cause the report and
				recommendations of the administrative law judge to be delivered to all parties
				to the proceeding. Exceptions to the report and recommendations may be filed
				pursuant to Part 213 of this Title.
(b) Upon completion of the case before it,
				the board shall decide the issues and make such disposition of the matter as it
				deems appropriate in accordance with section
				210.3(f) of the
				act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.1 - Policy regarding grievance arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the act to encourage public employers and
				  recognized or certified employee organizations to enter into written agreements
				  containing grievance procedures. In furtherance of this policy, the following
				  voluntary arbitration rules of procedure are provided to:
(a) insure an efficient and orderly procedure
				for grievance arbitration;
(b)
				assist the parties in remedying procedural deadlocks; and
(c) effectuate the rapid adjudication of
				disputes and controversies.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.2 - Panel of arbitrators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				board shall maintain a panel of arbitrators, broadly representative of the
				public, who qualify and meet the board's standards and criteria of professional
				competence, impartiality and acceptability. All applicants requesting inclusion
				on the panel shall be reviewed by the board on the basis of their education,
				experience and expertise in the field of labor arbitration or its equivalent,
				and general reputation in the practice of labor-management relations. Careful
				evaluation, subject to the above standards and criteria, shall be made before
				an applicant is included on the panel of arbitrators.
(b) Inclusion in good standing on the panel
				shall be conditioned on the arbitrator assuming the responsibility of keeping
				the director of conciliation immediately informed of any changes in address,
				availability limitations, per diem rate, and occupation, especially where such
				occupational change results in financial return from, connection with, or of
				concern to, a public employer or employee organization. The board shall
				periodically review the panel of arbitrators and shall at any time take
				appropriate action, including removal of the arbitrator from the panel, where
				the arbitrator has not adhered to the board's policies and this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.3 - Agreement to arbitrate

Current through Register Vol. 46, No. 28, July 10, 2024
Either party or both parties to a written agreement may
				  request the director of conciliation to commence the administration of these
				  voluntary arbitration rules of procedure if, in their agreement, the parties
				  have provided for arbitration pursuant to the provisions of this Part. The
				  voluntary arbitration rules of procedure shall apply in the form obtaining at
				  the time the arbitration is initiated.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.4 - Demand for arbitration; submission to arbitrate

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Demand for arbitration (request
				made by one party to the other).
Petitioner shall serve on the respondent a demand for
				  arbitration which shall serve as notice of intention to arbitrate pursuant to
				  CPLR section 7503. Such notice shall be served in the same manner as the
				  summons or by registered or certified mail, return receipt requested. In
				  addition, two copies of the demand for arbitration shall be filed with the
				  director of conciliation together with proof of service on the respondent.
				  Should the board permit or mandate 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 of demand for
				arbitration.
A demand for arbitration shall include the following:
(1) date;
(2) name of petitioner;
(3) name of respondent;
(4) name, title, address, electronic mail
				address, and telephone number of the representative of each party to whom
				correspondence from the director of conciliation shall be directed;
(5) effective date and expiration date of
				agreement;
(6) identification of
				the provision(s) in the agreement providing for arbitration, together with a
				copy thereof;
(7) identification of
				the provision(s) in the agreement claimed to be violated, together with a copy
				thereof;
(8) a clear and concise
				description of the nature of the dispute(s) to be arbitrated and the
				remedy(ies) sought (include the name[s] of the grievant[s]);
(9) the following language, quoted verbatim,
				except that the board may, at its discretion, designate a different address
				than that provided below on the agency's website:
"THE UNDERSIGNED, A PARTY TO A WRITTEN AGREEMENT WHICH
				  PROVIDES FOR ARBITRATION AS DESCRIBED HEREWITH, HEREBY DEMANDS ARBITRATION. YOU
				  ARE HEREBY NOTIFIED THAT COPIES OF THIS DEMAND FOR ARBITRATION ARE BEING FILED
				  WITH THE DIRECTOR OF CONCILIATION, NEW YORK STATE PUBLIC EMPLOYMENT RELATIONS
				  BOARD, EMPIRE STATE PLAZA, AGENCY BUILDING 2, 20th FLOOR, ALBANY, NEW YORK
				  12220 WITH THE REQUEST THAT THE ADMINISTRATION OF THE VOLUNTARY ARBITRATION
				  RULES OF PROCEDURE BE COMMENCED.
PURSUANT TO THE NEW YORK ARBITRATION LAW, ARTICLE 75, SECTION
				  7503, CIVIL PRACTICE LAW AND RULES, YOU HAVE TWENTY (20) DAYS FROM DATE OF
				  SERVICE OF THIS DEMAND TO APPLY TO STAY THE ARBITRATION OR BE PRECLUDED FROM
				  SUCH APPLICATION."
(10)
				signature and title of the representative serving the demand for
				arbitration.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.5 - Determination of jurisdiction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
				this Part has been incorporated by reference into an agreement to arbitrate, it
				shall be deemed binding on the parties as a valid part of such
				agreement.
(b) Where no agency's
				rules of procedure for arbitration have been incorporated by reference into an
				agreement to arbitrate, the board's jurisdiction will not attach in the matter
				until a submission to arbitrate has been received by the director of
				conciliation or until the respondent has been served with a demand for
				arbitration and the time limit to apply for a stay of arbitration, as provided
				in CPLR section 7503, has expired. In the event no application for a stay is
				made within the specified time limit, the board's jurisdiction shall attach and
				this Part shall be deemed binding on the parties as a valid part of their
				agreement to arbitrate.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.6 - Arbitrability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Should either
				party contest the arbitrability of a grievance, the director of conciliation
				shall not determine whether the grievance is a proper subject for arbitration.
				The director of conciliation's sole responsibility throughout the application
				of this Part is administrative and, therefore, commencement of the
				administration of this Part shall be construed as compliance with a
				request.
(b) The board encourages
				parties to submit arbitrability questions to the arbitrator for determination.
				However, should the party served with a demand for arbitration pursue the legal
				remedies for a stay of arbitration in accordance with CPLR section 7503, a copy
				of the application to stay arbitration shall be filed with the director of
				conciliation within 20 days of service of the demand for arbitration.
(c) Upon timely receipt of a copy of the
				application to stay arbitration, the director of conciliation shall hold in
				abeyance the designation of the arbitrator pending final court determination of
				the arbitrability question. Absent timely receipt, the administrative
				responsibilities of the director of conciliation shall be carried out pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.7 - Selection process

Current through Register Vol. 46, No. 28, July 10, 2024
After receipt of a demand for arbitration or submission to
				  arbitrate, the director of conciliation shall forward to the representatives
				  named therein two copies of an identical panel list of seven arbitrators
				  selected from the panel of arbitrators. A resume, including per diem fee and
				  billing disclosure statement, of each arbitrator on such panel list shall be
				  made available for the parties' review. Each party shall have 10 days from date
				  of the letter containing the panel list in which to select, rank and return
				  their selections to the director of conciliation.
(a)
Selection and preferential
				ranking.
Unless the parties have provided for their own method of
				  selecting an arbitrator in their agreement to arbitrate, the following process
				  for selecting an arbitrator shall be employed: if more than four names on the
				  panel list are acceptable, those names shall be ranked in order of the party's
				  preference and the remaining name(s), if any, shall be stricken. Otherwise the
				  party shall strike no more than three names from the panel list and indicate a
				  preference among those names remaining by ranking them (1), (2), (3) and
				  (4).
(b)
Additional
				lists.
If a party determines that more than three names on a panel
				  list are unacceptable, a request by such party for an additional panel list
				  shall be filed with the director of conciliation within the 10-day time period
				  established for selection and preferential ranking. A copy of such request
				  shall be sent to the other party simultaneously. Each party shall have the
				  right to request one additional list, and consequently, no party shall receive
				  more than three panel lists. Pursuant to the selection process, if the parties
				  fail to select an arbitrator after the submission of a third panel list, the
				  director of conciliation shall take whatever steps are necessary to designate
				  an arbitrator.
(c)
Designating the arbitrator.
(1)
				Timely receipt of selections. Upon timely receipt of each party's selections
				and consistent with their selected order of preference, the director of
				conciliation shall designate the arbitrator. If the designated arbitrator
				declines or is unable to serve, the director of conciliation shall reserve the
				right to designate an arbitrator without the submission of an additional panel
				list. In no case, however, will an arbitrator be designated whose name was
				stricken by either or both parties.
(2) Failure to timely return selections. If a
				party fails to timely return its selections to the director of conciliation,
				all names submitted in the panel list shall be deemed acceptable to such party
				and the designation of the arbitrator shall be made according to the
				preferences of the party whose selections have been timely received.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.8 - Notice of designation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				parties shall be notified forthwith by the director of conciliation of the name
				of the designated arbitrator.
(b)
				The arbitrator, upon notification of designation by the director of
				conciliation, shall immediately communicate directly with the parties to make
				arrangements for preliminary matters such as the date, time and place of the
				arbitration hearing. If the arbitrator cannot schedule a hearing and determine
				the issues promptly, the arbitrator shall notify the director of conciliation
				forthwith. The director of conciliation shall take such action, consistent with
				this Part, as the director of conciliation deems
				appropriate.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.9 - Status of arbitrator after designation; conduct of proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
After designation, the legal relationship of the arbitrator
				  is with the parties, rather than the board. The designated arbitrator shall not
				  be considered an agent or representative of the board. The conduct of the
				  arbitration proceeding shall be under the arbitrator's exclusive jurisdiction
				  and control, subject to such rules of procedure as the parties may jointly
				  agree upon. The arbitrator shall have all of the powers specified in CPLR
				  sections 7505, 7506 and 7509 insofar as these sections may be applicable. The
				  arbitrator's conduct shall conform to applicable laws.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.10 - Stenographic record and transcript

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Either party or the arbitrator may
				request that a stenographic record of testimony be taken and that party shall
				be responsible for arrangements for such stenographic record.
(b) The party or parties requesting the
				record shall pay the cost thereof, including the cost of a transcript to be
				furnished to the arbitrator. If the arbitrator orders that testimony be
				recorded, the cost of recording the testimony shall be mutually shared by the
				parties, including the cost of a transcript to be furnished to the arbitrator.
				Any other party to the arbitration shall be entitled to obtain a transcript
				upon payment therefor. The arbitrator shall indicate whether or not the
				transcript taken shall serve as the official record of the
				proceeding.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.11 - Award upon settlement

Current through Register Vol. 46, No. 28, July 10, 2024
The commencement of the administration of this Part shall in
				  no way preclude the parties from setting the dispute on their own at any time
				  before or during an arbitration hearing. If the parties have settled, the
				  arbitrator, upon joint request of the parties, may set forth the terms of the
				  settlement in the form of an award.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.12 - Expedited rendition of award

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Should the parties mutually agree to an expedited rendition of the arbitrator's
				award, notice in the form of a joint request in writing shall be received by
				the director of conciliation before designating the arbitrator.
(b) The decision of the arbitrator shall be
				in the form of an award only, and shall be rendered within seven days after the
				arbitrator has declared the hearing closed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.13 - Form of award and time rendered

Current through Register Vol. 46, No. 28, July 10, 2024
The award shall be in writing, signed and affirmed by the
				  arbitrator, and shall be delivered to the parties either personally or by
				  registered or certified mail, return receipt requested, or by other means as
				  mutually agreed by all parties involved. If no period of time for the rendition
				  of an award has been specified in the agreement and the parties have not
				  mutually agreed to an expedited rendition of the award, as provided in section
				  207.12 of this Part, an award shall
				  be rendered within 30 days after the arbitrator has declared the hearing
				  closed, unless this time period has been extended by the parties and so
				  confirmed by them in writing.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.14 - Time extension

Current through Register Vol. 46, No. 28, July 10, 2024
Except as prescribed by statute, upon request of any party,
				  with notice to the other party, the director of conciliation, for good cause
				  shown, may extend any time limit in this Part except the time limit for
				  rendering an award.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.15 - Expenses and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				administrative fee established by the chairperson but no less than $50 per
				party shall be charged by the board for its administrative services. The amount
				of this administrative fee may be changed by the board on a yearly basis after
				an annual review. The board must provide notice on the agency's website at
				least 60 days in advance of any change.
(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 of this requirement 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.16 - Filing the arbitrator's invoice

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of the assignment, the arbitrator shall
				  submit to the director of conciliation a copy of the invoice submitted to the
				  parties showing a detailed accounting of fees and expenses (if
				  any).
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 207 - Voluntary Grievance Arbitration › Section 207.17 - Publication of award

Current through Register Vol. 46, No. 28, July 10, 2024
In the absence of objection by either party, all awards shall
				  be made available for publication.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 208 - Access to Records of the Board › Section 208.1 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 208 - Access to Records of the Board › Section 208.2 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 208 - Access to Records of the Board › Section 208.3 - 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, 18th 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 208 - Access to Records of the Board › Section 208.4 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.1 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.2 - 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:
Note:
The meaning of the words or terms
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, P.O. Box 2074, Empire State Plaza, Agency
				Building 2, 18th Floor, Albany, NY 12220-0074, or such other address as the
				board may designate on the agency's website.
(b)
Privacy compliance appeals
				officer
means the chairperson of the board, whose business address is
				Public Employment Relations Board, P.O. 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.3 - 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 officers 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.4 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.5 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.6 - 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 business 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.7 - 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.8 - 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 business 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 209 - Privacy Protection and Accuracy of Personal Data › Section 209.9 - 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 business 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 210 - Declaratory Rulings › Section 210.1 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing
				of petition.
Any person, employee organization or employer may file with
				  the director an original and four copies of a petition for a declaratory ruling
				  with respect to the applicability of the act to it or any other person,
				  employee organization or employer, or with respect to the scope of negotiations
				  under the act. The petition shall be in writing on a form provided by the
				  director and shall be signed and sworn to before any person authorized to
				  administer oaths. 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 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) if the petition raises a question with
				respect to the scope of negotiations under the act, a statement whether such
				question is the subject of a charge brought under Part 204 of this
				Chapter;
(4) the names and
				addresses of any other persons, employee organizations or employers whose
				interests are reasonably likely to be affected by the ruling; and
(5) at the option of the petitioner, a
				proposed ruling.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 210 - Declaratory Rulings › Section 210.2 - Processing by the director

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				director or an assigned administrative law judge will determine whether a
				declaratory ruling would be in the public interest as reflected by the policies
				underlying the act. If the director or administrative law judge determines that
				it would not, he or she 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 or administrative law judge
				shall send a copy of the petition to any persons, employee organizations or
				public employers, in addition to those listed in the petition, whom the
				director or administrative law judge 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 in the
				same manner as the petition was filed 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 section
				204.4 and Part 212 of this Title,
				except that the director or administrative law judge shall issue a decision,
				which may be reviewed pursuant to Part 213 of this Title.