reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › SERVICE OF PAPERS AND ORDERS OF THE BOARD › Section 263.77 - Service by a party

Current through Register Vol. 46, No. 28, July 10, 2024
Service of papers by a party may be made personally or by
						mail, or electronically. When service is made by mail, a return post-office
						receipt, or declaration or affidavit of service by mail, shall constitute proof
						of service. When service is made electronically, electronic confirmation shall
						constitute proof of service.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › SERVICE OF PAPERS AND ORDERS OF THE BOARD › Section 263.78 - Service upon attorney

Current through Register Vol. 46, No. 28, July 10, 2024
If a party appears by attorney, all papers other than the
						charge or petition and notice of original hearing may be served as hereinabove
						provided upon such attorney, or pursuant to section
						263.15  of this Part, with the same
						force and effect as though served upon the party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CERTIFICATION AND SIGNATURE OF DOCUMENTS › Section 263.79 - Executive director; certification of papers; notices and reports

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director, or such other person as may be
						designated by the executive director, is authorized to certify copies of all
						papers and documents which are a part of any of the files or records of the
						board, to sign and issue all notices or reports of the board.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.80 - Impasses in Collective Bargaining and Assignment of Mediators

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an employer and a labor organization
						have failed to achieve an agreement, either the employer or the labor
						organization, or both acting jointly, may notify the board in writing of the
						existence of an impasse. The notification, or declaration of impasse, must be
						signed by the representative of the declaring party, or where the parties are
						jointly declaring impasse, the representative of each party. The notification
						shall be filed electronically with the director of conciliation (see section
						263.15  of this Part). Upon receipt
						of the notification of an impasse in collective bargaining, the board may
						appoint a mediator from a list of qualified persons maintained by the board to
						assist the parties to effectuate a voluntary resolution of the impasse. It is
						the policy of SERA that the board shall consider and make the parties aware of
						the availability of federal and other mediation services, and shall give
						priority in providing mediation services to those parties without access to
						those other services.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.81 - Voluntary interest arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the
					 event that an employer and a labor organization agree to submit any unresolved
					 issue in bargaining to interest arbitration, they may jointly request the
					 assistance of the board in providing for such arbitration by a letter directed
					 to the director of conciliation.
(b) The written request 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.82 - Resolution of Labor Disputes

Current through Register Vol. 46, No. 28, July 10, 2024
The board delegates to its Chairperson, or his or her
						designee, the authority to take such steps under sections 702, and 702-a.1 of
						SERA deemed expedient and efficient to effectuate a voluntary, amicable and
						expeditious adjustment and settlement of the differences and issues between an
						employer, labor organization or employees concerning an existing, imminent or
						threatened labor dispute.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.83 - Policy regarding grievance arbitration

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of SERA for the board to have the power
						at the request of the parties to a collective bargaining agreement between an
						employer and a labor organization to assist them in the arbitration of such
						grievances as may arise under the agreement and to establish panels of
						qualified persons to be available to serve as arbitrator of such grievances. 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.84 - Panel of arbitrators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 board shall maintain a panel of arbitrators 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. 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.85 - 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. The voluntary arbitration rules of procedure
						shall apply in the form in effect at the time the arbitration is
						initiated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.86 - 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.
(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 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 of the grievant);
(9) the
					 following language, quoted verbatim:
"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, P.O. BOX 2074, EMPIRE STATE PLAZA, AGENCY BUILDING 2, FLOOR 20, ALBANY,
						NEW YORK, 12220-0074 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."
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.87 - 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.88 - 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 make no determination as to whether the grievance is a proper subject for
					 arbitration. The director of conciliation's responsibilities throughout the
					 application of this Part are 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.90 - 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.91 - 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. While the board shall
						maintain a continuing interest in the proceedings, 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 power 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.92 - 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.93 - 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 adjusting the dispute on their own at any
						time before or during an arbitration hearing. If a settlement has been reached
						between the parties, 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.94 - 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 the
					 designation of the arbitrator.
(b)
					 The decision of the arbitrator shall be in the form of an award only, and shall
					 be rendered within seven working days after the arbitrator has declared the
					 hearing closed.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.95 - Form of award and time rendered

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 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. If the parties agree, the award shall be
					 delivered electronically. 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
					 263.94  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.
(b)
					 If no award has been rendered within 60 days after the arbitrator has been
					 designated, it shall be the responsibility of the arbitrator to inform the
					 director of conciliation of the status of the case. In any case, the parties
					 shall notify the director of conciliation of any undue delay.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.96 - 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONCILIATION › Section 263.97 - Expenses and fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 administrative fee per party shall be charged by the board for its
					 administrative services.
(b) The
					 arbitrator's per diem fee, certified in advance by the arbitrator to the board
					 and listed on the arbitrator's resume, shall be the rate charged to the
					 parties. Compensation for the services of an arbitrator, including required
					 travel and other necessary and incidental expenses, shall be borne completely
					 by the parties. Each party shall pay 50 percent of such fees and expenses,
					 unless otherwise mutually agreed upon in writing by the parties.
(c) An arbitrator who requires the payment of
					 an adjournment fee in the event of a postponement or cancellation of a
					 scheduled hearing by either or both parties, shall give proper notice on his or
					 her resume. Unless otherwise mutually agreed upon in writing by the parties,
					 the party responsible for such adjournment shall pay the entire fee, and in the
					 case where both parties require adjournment, each party shall pay 50 percent of
					 such adjournment fee.
(d) Since the
					 designated arbitrator is not an agent or representative of the board, all
					 matters involving arbitrator payments and compensation are to be resolved
					 between the parties and the arbitrator directly.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › SETTLEMENT OF LABOR DISPUTES PURSUANT TO§702-a of SERA › Section 263.98 - Settlement of Labor Disputes

Current through Register Vol. 46, No. 28, July 10, 2024
Parties may submit requests for settlement of existing,
						imminent, or threatened labor disputes to the director of conciliation, located
						in Albany, New York.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.99 - Impasse Resolution Procedures for Agricultural Employers and Farm Laborers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing
					 of declaration of impasse.
In the event that an agricultural employer
					 and a certified or recognized labor organization have failed to achieve an
					 agreement by the end of a forty-day period from the date of certification or
					 recognition of an labor organization or from the expiration date of a
					 collective bargaining agreement, either the employer or the labor organization,
					 or both acting jointly, may notify the board in writing of their belief that an
					 impasse exists by filing a declaration of impasse. A copy of the declaration
					 shall be served on the other party to the negotiations and on the director of
					 conciliation.
Compliance with electronic filing protocols shall
						constitute full compliance with all filing requirements (see section
						263.15  of this Part). 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 labor 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 expiration date of
					 the present agreement, if any;
(6)
					 a clear and concise history of negotiations prior to filing the declaration,
					 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.100 - Impasse arbitration; petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing.
If the mediator
					 is unable to effect settlement of the impasse within 30 days after their
					 appointment, either party may petition the director of conciliation to refer
					 the dispute to a neutral arbitrator. The director of conciliation shall refer
					 the impasse to a neutral arbitrator. A copy of the petition shall be served
					 upon the other party to the impasse simultaneously. Electronic filing and
					 service shall constitute compliance with the filing and service requirements
					 herein contained. See section
					 263.15  of this Part.
(b)
Contents.
Such petition
					 shall contain the following:
(1) The name and
					 address of the employer and the labor 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 most recent proposal
					 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) Proof of service upon the respondent
					 party.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.101 - Impasse 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 a declaratory ruling petition with the director of PEPR
					 related to neutral arbitration under section
					 263.107  of this Part, the response
					 shall contain a reference to such petition. The response must include proof of
					 service upon the petitioning party.
(c)
Cross-response.
A
					 petitioner filing an objection to arbitrability under Section
					 263.107  of this Part, as a result
					 of the response, must file a cross-response notifying the director of
					 conciliation of such filing. Such cross-response shall be filed within ten
					 working days of receipt of the response.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.102 - 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 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 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.103 - Selection of the neutral arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Selection.
If the
					 parties are unable to agree upon the arbitrator within seven working days of
					 receipt of the petition, either party may request the board to submit a list of
					 qualified persons for selection as the arbitrator. Within seven working 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.
(b)
Selection process.
Within ten working days after receipt of the list, the parties will notify the
					 director of conciliation of the identity of a qualified arbitrator 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 arbitrator. 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 working 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 arbitrator. 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
					 arbitrator.
(c)
Designation.
Upon notification of the identity of the
					 arbitrator, the director of conciliation shall immediately designate such
					 arbitrator and refer the dispute to such panel.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.104 - Powers and duties of the arbitrator and conduct of the arbitration proceeding

Current through Register Vol. 46, No. 28, July 10, 2024
A neutral arbitrator has the powers and duties set forth
						in section 702-b (c)(ii) through (iv) of SERA. The conduct of the arbitration
						proceedings shall be under the exclusive jurisdiction and control of the
						arbitrator. The conduct of the arbitrator shall conform to applicable
						law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.105 - Payment of the arbitrator

Current through Register Vol. 46, No. 28, July 10, 2024
Each of the respective parties is to share equally the
						cost of the neutral arbitrator.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › IMPASSE RESOLUTION PROCEDURES FOR AGRICULTURAL EMPLOYERS AND FARM LABORERS › Section 263.106 - Determination and award

Current through Register Vol. 46, No. 28, July 10, 2024
The determination and award of the arbitrator shall be in
						writing, signed and acknowledged, and shall be delivered to the parties by
						registered or certified mail, return receipt requested, or, upon request of
						both parties, by electronic mail. Within five working days of rendering the
						determination and award, the arbitrator shall file one executed copy of the
						determination and award with the director of conciliation. Electronic filing of
						the determination and award shall fulfill the requirement of filing with the
						director of conciliation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › DECLARATORY RULINGS › Section 263.107 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Filing of
					 petition. Any labor organization or employer may file with the director of PEPR
					 electronically (see section
					 263.15  of this Part) a petition
					 for a declaratory ruling with respect to the scope of negotiations under FLFLPA
					 and SERA. The petition shall be in writing on a form provided by the director
					 of PEPR and shall be supported by a declaration of the filer.
(b) Contents of petition. The petition shall
					 include the following:
(1) the name, address
					 and affiliation, if any, of the petitioner, and the title of any representative
					 filing the petition;
(2) a complete
					 statement of the relevant facts and the grounds prompting the petition,
					 including a full disclosure of the petitioner's interest;
(3) the names and addresses of any other
					 persons, labor organizations or employers whose interests are reasonably likely
					 to be affected by the ruling; and
(4) at the option of the petitioner, a
					 proposed ruling.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › DECLARATORY RULINGS › Section 263.108 - Processing by the director of PEPR

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 The director of PEPR or an assigned hearing officer will determine whether a
					 declaratory ruling would be in the public interest as reflected by the policies
					 underlying FLFLPA and, where applicable, SERA. If the director of PEPR or
					 hearing officer determines that it would not, they shall dismiss the petition.
					 Such dismissal shall merely constitute a refusal to issue a declaratory ruling,
					 and not the denial of any position proposed by the petitioner. Such a decision
					 to refuse to issue a declaratory ruling may be made at any stage of the
					 proceeding.
(b) The director of
					 PEPR or hearing officer shall send a copy of the petition to any persons, labor
					 organizations, or employers, in addition to those listed in the petition, whom
					 the director of PEPR or hearing officer deems to have interests that are
					 reasonably likely to be affected by the ruling, together with a notice that
					 they may at their option, become parties to the proceeding by filing
					 electronically a response to the petition within 10 working days from their
					 receipt thereof. Such response may challenge any of the allegations in the
					 petition and, whether or not petitioner has done so, it may propose a
					 ruling.
(c) The matter shall be
					 processed in accordance with the procedures set forth in sections
					 263.46 through
					 263.73  of this Part, except that
					 the director of PEPR or hearing officer shall issue a decision, which may be
					 reviewed pursuant to section
					 263.67  of this Part. Such
					 declaratory ruling will be final and binding on all parties as to the
					 negotiability of the subject or subjects, and may be reviewed along with the
					 final decision of the hearing officer or the board as part of a petition
					 pursuant to article 78 of the civil practice law and rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › ACCESS TO RECORDS OF THE BOARD › Section 263.109 - Records available for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
The records of the board available for public inspection
						and copying, in accordance with the procedures hereinafter set forth, are those
						described by section 87  of the
						Public Officers Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › ACCESS TO RECORDS OF THE BOARD › Section 263.110 - Designation of records access officer and appeals officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A records access officer shall be
					 designated by the board's executive director for purposes of this Part. The
					 name, title, business address, and business phone number of such designee will
					 be posted on the agency's website.
(b) An appeals officer shall be designated by
					 the board's executive director for purposes of this Part. The name, title,
					 business address, and business phone number of such designee will be posted on
					 the agency's website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › ACCESS TO RECORDS OF THE BOARD › Section 263.111 - Procedures for inspection and copying of records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A request to inspect or copy any record
					 shall be made in writing to the board's executive director at P.O. Box 2074
					 Empire State Plaza, Agency Building 2, 20th Floor, Albany, NY 12220-0074, or at
					 such other address the board shall designate on the agency's website, who will
					 make suitable arrangements for such inspection during regular office hours at
					 the offices of the board in Albany, New York City, or Buffalo, unless the
					 location of a particular record may require its inspection at a particular
					 office, in which case inspection shall occur at such office. Office hours will
					 be provided on the agency's website.
Note: Most records of the board available for inspection
						may also be found in the published volume entitled Official Decisions, Opinions
						and Related Matters of the Public Employment Relations Board, sets of which are
						kept in various libraries, including the library of the Court of Appeals, the
						four Appellate Divisions, and the board's libraries.
(b) A fee of 25 cents per page will be
					 charged for all print copies made upon request by anyone other than a member of
					 a board panel, to whom one copy of a document may be given without charge. The
					 board will make every effort to comply with requests for such copies as
					 expeditiously as possible.
(c)
					 Stenographic services at hearings held by the board are provided pursuant to
					 arrangements under which the stenographer has exclusive right to reproduce and
					 sell copies of minutes at hearings. While the minutes of hearings may be
					 inspected at the offices of the board, any person desiring a copy of minutes
					 must make arrangements directly with the stenographer. The name and address of
					 the stenographer will be furnished by the executive director upon
					 request.
(d) The records access
					 officer may, in his or her discretion, waive all or any portion of the fees
					 authorized by this section for any record or class of records.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › ACCESS TO RECORDS OF THE BOARD › Section 263.112 - Denials and appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial
					 of access to records shall be in writing stating the reason therefor and
					 advising the requester of the right to appeal to the individual established to
					 determine appeals, who shall be identified by name, title, business address and
					 business phone number.
(b) Appeals
					 may be taken in accordance with section 89  of the
					 Public Officers Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › MISCONDUCT BEFORE THE AGENCY › Section 263.113 - Misconduct by any person

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by any person at any stage of a case before
						the board, a hearing officer, or other person designated by the board to
						conduct proceedings, may be grounds for summary exclusion by the board, hearing
						officer, or other designee before whom misconduct occurred.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › MISCONDUCT BEFORE THE AGENCY › Section 263.114 - Suspension or other sanctions

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct by an attorney or other representative before
						the agency, including but not limited to misconduct at a hearing, shall be
						grounds for discipline. Such misconduct, if of an aggravated character, may be
						grounds for suspension and for prohibiting the attorney or representative from
						practice before the agency and for other sanctions after due notice and a
						hearing before the board or its designee. Any order of a hearing officer
						imposing discipline under this section will be appealable to the board as part
						of an appeal of the ultimate disposition of the underlying proceeding pursuant
						to section
						263.67  of this
						Part.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.115 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the methods and
						procedures governing the availability, location and nature of those records of
						the board subject to the provisions of article 6-A of the Public Officers Law,
						known as the Personal Privacy Protection Law.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.116 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms shall
						have the indicated meanings: The meaning of the words or term "data subject",
						"disclose", "personal information", "record", "system of records", and "routine
						use" shall be as set forth in the Personal Privacy Protection Law article 6-A
						of the Public Officers Law.
(a)
					 Privacy compliance officer means the board's executive director, whose business
					 address is Public Employment Relations Board, PO Box 2074, Empire State Plaza,
					 Agency Building 2, 20th Floor, Albany, NY 12220-0074, or such other address as
					 the board may designate on the agency's website.
(b) Privacy compliance appeals officer is the
					 chairperson of the board whose business address is Public Employment Relations
					 Board, PO Box 2074, Empire State Plaza, Agency Building 2, 20th Floor, Albany,
					 NY 12220-0074, or such other address as the board may designate on the agency's
					 website.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PRIVACY PROTECTION AND ACCURACY OF PERSONAL DATA › Section 263.117 - Times, places for inspecting records and means for verifying the identity of a data subject

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Records shall be available for inspection and copying by data subjects or their
					 authorized representatives on every day that the offices of the board are open
					 for the transaction of business between the hours of 8:30 a.m. and 4:45
					 p.m.
(b) Records may be inspected
					 at the locations designated by the privacy compliance officer.
(c) The identity of a data subject requesting
					 access to his or her record may be verified as follows:
(1) Before being given access to personal
					 information, an individual shall provide reasonable verification of his or her
					 identity. No individual need verify his or her identity when seeking access to
					 records which are otherwise available to any member of the public under the
					 Freedom of Information Law.
(2) In
					 the case of an individual who seeks in-person access to or amendment of
					 record(s), an employee identification card, a driver's license, or other
					 similar document shall constitute reasonable verification of
					 identity.
(3) When access to or
					 amendment of record(s) is requested by mail, the requirement for verification
					 of identity shall be met if the individual provides minimum identifying data,
					 such as date of birth and some item of information in the record that only the
					 concerned individual would likely know.