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") › HEARINGS AND ELECTIONS › Section 263.27 - Elections; terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
If the director of PEPR or hearing officer determines, as
						part of the investigation of a question or controversy concerning
						representation, that an election or elections by secret ballot is necessary,
						the director of PEPR or hearing officer shall provide that such election or
						elections be conducted by an agent of the board upon such terms or conditions
						as the director of PEPR or hearing officer may specify. The election shall be
						conducted either in person, by mail, or electronically, and shall be scheduled
						at the first possible date. Elections conducted in person shall be conducted at
						a location as may be required under conditions set by the director of PEPR and
						not under the employer's supervision or control.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › HEARINGS AND ELECTIONS › Section 263.28 - Decision by hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Upon completion of the hearing, the hearing officer shall issue a written
					 decision resolving any material issues of disputed fact and all legal issues
					 raised by the parties. If the hearing officer's decision is not issued within
					 14 calendar days from the close of the hearing, either party may request
					 expedited review by the board.
(b)
					 If the hearing officer determines that certification of the representative
					 without an election is appropriate, the hearing officer shall issue such
					 certification. The hearing officer's determination that the indications of
					 employee support are sufficient for certification without an election is
					 reviewable by the board pursuant to a written objection to certification filed
					 with the board by a party within ten working days after its receipt of the
					 hearing officer's notification. An objection to certification shall set forth
					 all grounds for the objection with supporting facts and shall be served on all
					 parties to the proceedings. A response to the objection may be filed within
					 five working days after a party's receipt of the objection. The party filing
					 objections with the board or an opposition to objections shall serve a copy
					 thereof on the other parties and shall file a copy with the board. Review by
					 the board will only be granted in accordance with section
					 263.29(b)  of this
					 Part.
(c) If the hearing officer
					 determines that certification of the unit without an election is not
					 appropriate, the hearing officer shall issue a decision explaining the basis
					 for her decision. Exceptions to the hearing officer's decision may be filed
					 pursuant to section
					 263.67  of this Part.
(d) If the hearing officer determines that
					 that an election by secret ballot is necessary, the hearing officer shall
					 provide that such election or elections be conducted by an agent of the board
					 in compliance with section
					 263.27  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") › CERTIFICATIONS › Section 263.29 - Certification of representatives; requests for review

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Hearing officer
					 certification.
The hearing officer, upon the completion of their
					 investigation, shall certify to the parties the name or names of the
					 representatives selected, if any, or make other disposition of the
					 matter.
(b)
Finality of
					 certification and filing request for review.
The certification issued
					 by the hearing officer shall be final and binding and the obligation to bargain
					 shall attach. Objections to the hearing officer's decision and certification
					 may be filed with the board in accordance with section
					 263.28  of this Part. The board
					 will only grant review under compelling circumstances. Accordingly, a request
					 for review may be granted only upon one or more of the following grounds:
(1) That a substantial question of law or
					 policy is raised because of:
(i) The absence
					 of; or
(ii) A unexplained departure
					 from officially reported FLFLPA or applicable SERA precedent.
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") › CERTIFICATIONS › Section 263.30 - Life of certification

Current through Register Vol. 46, No. 28, July 10, 2024
When a representative has been certified, the
						certification shall remain in effect until such time as it shall be made to
						appear to the board that the certified representative does not represent a
						majority of the employees within an appropriate unit.
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") › CERTIFICATIONS › Section 263.31 - Petition; withdrawal or amendment

Current through Register Vol. 46, No. 28, July 10, 2024
At any time before the assignment of a petition for
						certification to a hearing officer, the director of PEPR may permit the
						amendment of the petition or its withdrawal in whole or in part. At any time
						after the assignment, the hearing officer, upon motion, may permit withdrawal
						of the petition in whole or in part, and the hearing officer may permit
						amendment thereof.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › UNIT CLARIFICATION › Section 263.32 - Petition for unit clarification; contents

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for unit clarification shall contain the
						following:
1) the name of the employer
					 and the name of the recognized or certified bargaining
					 representative;
2) the address of
					 the establishment involved;
3) the
					 general nature of the employer's business;
4) a description of the present bargaining
					 unit and, if the bargaining unit is certified, an identification of the
					 existing certification;
5) a
					 description of the proposed clarification;
6) the names and addresses of any other
					 persons or labor organizations who claim to represent any employees affected by
					 the proposed clarifications, and brief descriptions of the contracts, if any,
					 covering any such employees;
7) the
					 number of employees in the present bargaining unit and in the unit as proposed
					 under the clarification;
8) a
					 statement by petitioner setting forth reasons why petitioner desires
					 clarification of the unit;
9) the
					 name, affiliation, if any, and address of the petitioner and contact
					 information of the individual who will serve as the representative of the
					 petitioner and accept service of all papers for purposes of the representation
					 proceeding. Contact information shall include, if applicable, the name, title,
					 address, telephone number, facsimile number, and email address of the
					 individual who will serve as the representative of the petitioner;
10) 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") › UNIT CLARIFICATION › Section 263.33 - Petition for unit clarification; processing

Current through Register Vol. 46, No. 28, July 10, 2024
After a petition has been filed under section
						263.32  of this Part, the director
						of PEPR, or their designee, shall conduct an investigation and, as appropriate,
						may issue a decision without a hearing; or prepare and cause to be served upon
						the parties and upon any known individuals or labor organization purporting to
						act as representatives of any employees directly affected by such
						investigation, a notice of hearing before a hearing officer at a time and place
						fixed therein; or take other appropriate action. If a notice of hearing is
						served, it shall be accompanied by a copy of the petition. All hearing and
						posthearing procedure under this paragraph shall be in conformance with
						sections 263.26 through
						263.29  of this Part whenever
						applicable.
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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.34 - Charge

Current through Register Vol. 46, No. 28, July 10, 2024
A charge that any employer has engaged in or is engaging
						in any unfair labor practice may be made by any person or labor organization.
						Any agricultural employer may make a charge that employee(s) or a labor
						organization has engaged in or is engaging in an unfair labor practice as
						defined by section 704-b (1) of SERA. No other unfair labor practice charge may
						be brought against a labor organization or employees.
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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.35 - Charge; form; filing

Current through Register Vol. 46, No. 28, July 10, 2024
A charge shall be in writing. The original shall be
						supported by a statement made by the person filing the charge or the agent or
						representative of that person or entity. The statement may be an unsworn
						declaration of the person filing the charge, the content of which is declared
						as true under penalty of perjury, and signed and dated The charge may be filed
						electronically with the director of PEPR (see section
						263.15  of this Part). Filing and
						service of an electronic copy constitute compliance with the filing
						requirements. Charge forms will be supplied by the board upon request and are
						available at the board'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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.36 - Contents of charge

Current through Register Vol. 46, No. 28, July 10, 2024
A charge shall contain:
(a) the full name and address of the person,
					 labor organization, or employer making the charge;
(b) the full name and address of the
					 employer, labor organization, or employee against whom the charge is
					 made;
(c) an enumeration of the
					 subdivision or subdivisions of sections 704, 704-a, or 704-b of SERA which are
					 alleged to have been violated by the employer, labor organization, or employee,
					 and, in the event it is alleged that any employee has been discharged, refused
					 employment, or suffered discrimination in violation of SERA, the name of such
					 employee.
(d) An unfair labor
					 practice form to be used only for FLFLPA cases is available at the board'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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.37 - Initial processing by director

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial review.
After a charge is filed, the director of PEPR
					 shall conduct a review of the charge to determine whether the facts as alleged
					 fall within the jurisdiction of the board under the FLFLPA and whether the
					 facts as pleaded support an unfair labor practice charge as set forth in
					 section 704 or 704-b of SERA. If the director of PEPR determines that the
					 pleaded facts do no support such a charge, or that the charge is so vague that
					 the respondent could not reasonably respond to the charge, the director may
					 permit the party to amend the charge to cure such deficiency. Any motions by
					 the parties will be filed subsequent to a case conference with the assigned
					 hearing officer.
(b)
Notice
					 of conference.
A notice of conference shall be prepared by the
					 director or a designated hearing officer specifying the time and place for the
					 conference and, together with a copy of the charge, shall be served
					 electronically upon the charging party and each named respondent.
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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.38 - Charge; amendment

Current through Register Vol. 46, No. 28, July 10, 2024
The director of PEPR or hearing officer designated by the
						director of PEPR may permit a charging party to amend the charge at any time
						prior to issuance of a decision or dismissal upon such terms as may be deemed
						just and consistent with due process.
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") › PROCEDURE UNDER SECTION 706 OF SERA FOR PREVENTION OF UNFAIR LABOR PRACTICES CHARGE › Section 263.39 - Charge; withdrawal

Current through Register Vol. 46, No. 28, July 10, 2024
The charge may be withdrawn by the charging party before
						the issuance of the hearing officer's decision and order based thereon upon
						approval by the director of PEPR. Thereafter, the unfair labor practice
						proceeding may be discontinued only with the approval of the board. Requests to
						the director of PEPR to withdraw an unfair labor practice charge or to the
						board to discontinue an unfair labor practice proceeding will be approved
						unless to do so would be inconsistent with the purpose and policies of SERA,
						the FLFLPA, or due process of law. Whenever the director of PEPR approves the
						withdrawal of a charge, or the board approves the discontinuation of a
						proceeding, the case will be closed without consideration or review of any of
						the issues raised by the charge.
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") › ANSWER › Section 263.40 - Answer; filing; service

Current through Register Vol. 46, No. 28, July 10, 2024
The party or parties against whom the charge is filed may
						file an answer within 10 calendar days after receipt of the charge from the
						director of PEPR. Upon application, and for good cause shown, the director of
						PEPR or designated hearing officer may extend once the time within which the
						answer shall be filed.
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") › ANSWER › Section 263.41 - Answer; verification

Current through Register Vol. 46, No. 28, July 10, 2024
The answer shall contain a declaration of the party
						filing it.
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") › ANSWER › Section 263.42 - Answer; contents

Current through Register Vol. 46, No. 28, July 10, 2024
The answer shall contain:
(a) Specific admissions or denials of each
					 allegation of the charge controverted by the party filing the answer, or of any
					 knowledge or information thereof sufficient to form a belief. An allegation in
					 the charge not specifically denied in the answer, unless the party asserts that
					 it is without knowledge or information thereof sufficient to form a belief as
					 to the truth thereof, shall be deemed admitted;
(b) A statement of facts with numbered
					 paragraphs setting forth the nature of the controversy. The statement may be
					 supported by affidavits, documents, and other evidence that may be relevant and
					 material but may not consist solely of such attachments, and any attachments or
					 exhibits shall be specifically identified and referred to in the
					 answer;
(c) Defenses: The answer
					 shall contain a concise statement of the facts constituting the grounds of each
					 and every defense alleged. Any defense not raised in the answer is waived. Mere
					 conclusory allegations of law absent a factual basis will not be considered.
					 The answer may also contain an argument with citations to legal authority in
					 support of the defenses raised. Allegations of new matters in the answer shall
					 be deemed denied without the necessity of a reply.
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") › ANSWER › Section 263.43 - Answer; amendment

Current through Register Vol. 46, No. 28, July 10, 2024
In the discretion of the director of PEPR or the hearing
						officer, an answer may be amended upon motion of the party filing it, upon due
						notice to all parties.
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") › ANSWER › Section 263.44 - Answer; failure to file

Current through Register Vol. 46, No. 28, July 10, 2024
If the party or parties against whom the charge is
						brought fails to file a timely answer as required, the hearing officer may deem
						such failure to constitute an admission of the material facts alleged in the
						charge.
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") › ANSWER › Section 263.45 - Pleadings; construction

Current through Register Vol. 46, No. 28, July 10, 2024
All pleadings shall be liberally construed.
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") › GENERAL PROVISIONS RELATING TO ALL PROCEEDINGS JOINDER › Section 263.46 - Parties; nonjoinder and misjoinder

Current through Register Vol. 46, No. 28, July 10, 2024
No proceeding will be dismissed because of nonjoinder or
						misjoinder of parties. Upon motion of any party or the board' s agent, parties
						may be added, dropped, or substituted at any stage of the proceedings, upon
						such terms as may be deemed proper.
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") › GENERAL PROVISIONS RELATING TO ALL PROCEEDINGS JOINDER › Section 263.47 - Joinder of parties; relief

Current through Register Vol. 46, No. 28, July 10, 2024
All persons and entities alleged to have engaged in any
						unfair labor practices may be joined as parties, whether jointly, severally, or
						in the alternative, and a decision may be rendered against one or more of them,
						upon all of the evidence without regard to the party by or against whom such
						evidence has been introduced.
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") › MOTIONS › Section 263.48 - Motions during hearing

Current through Register Vol. 46, No. 28, July 10, 2024
All motions made during a hearing, except as otherwise
						provided or permitted by the hearing officer, shall be made orally at the
						hearing and shall be decided by the hearing officer. All such motions and the
						rulings and orders thereon shall be part of the 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") › MOTIONS › Section 263.49 - Motions before or after hearing

Current through Register Vol. 46, No. 28, July 10, 2024
All motions, other than those made during a hearing,
						shall be made in writing to the director of PEPR or the designated hearing
						officer, shall briefly state the relief sought and shall be accompanied by
						papers setting forth the grounds for such motion. The moving party shall serve
						copies of all motion papers on all other parties and shall within three working
						days thereafter file electronically (see section
						263.15  of this Part) with proof of
						service with the director of PEPR or the designated hearing officer. Answering
						papers, if any, must be filed and served on all parties. Answering papers must
						be filed electronically with the director of PEPR or the designated hearing
						officer (see section
						263.15  of this Part) within three
						working days after service of the moving papers unless directed otherwise. All
						such motions shall be decided by the director of PEPR or the designated hearing
						officer upon the papers filed with them.
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") › WAIVER › Section 263.50 - Objections; waiver

Current through Register Vol. 46, No. 28, July 10, 2024
An objection not timely urged before the board, director
						of PEPR, or designated hearing officer shall be deemed waived unless the
						failure to urge such objection shall be excused by the board because of
						extraordinary circumstances.
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") › INTERVENTION › Section 263.51 - Procedure; contents; filing; service

Current through Register Vol. 46, No. 28, July 10, 2024
A person, employer, or labor organization desiring to
						intervene in any proceeding shall file electronically with the director of PEPR
						or designated hearing officer (see section
						263.15  of this Part) a written
						application, setting forth the facts upon which such person, employer or
						organization claims an interest in the proceeding. The application may be
						supported by a declaration of the filer. Such application must be served on all
						parties. Applications must be filed with the director of PEPR or designated
						hearing officer with proof of service at least two working days before the
						first hearing. Failure to serve or file such application, as above provided,
						shall be deemed sufficient cause for the denial thereof, unless good and
						sufficient reason exists why it was not served or filed as herein provided. The
						director of PEPR or designated hearing officer shall rule upon all such
						applications and may permit intervention to such an extent and upon such terms
						as they shall determine may effectuate the policies of FLFLPA and, where
						applicable, of SERA.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › CONSOLIDATION OR SEVERANCE › Section 263.52 - Consolidation; severance

Current through Register Vol. 46, No. 28, July 10, 2024
Two or more proceedings under sections 705 and 706 of
						SERA, or either, may be consolidated by the director of PEPR or the designated
						hearing officer. Such proceedings may be severed by the director of PEPR or the
						designated hearing officer in their discretion.
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") › WITNESSES AND SUBPEONAS › Section 263.53 - Witnesses; examinations; record; depositions

Current through Register Vol. 46, No. 28, July 10, 2024
Witnesses at all hearings shall be examined orally under
						oath or affirmation, and a record of the proceeding shall be made and kept by
						the board. If any witness resides outside the State or through illness or other
						cause is unable to testify before the board or its member, agent or agents
						conducting the hearing or investigation, their testimony or deposition may be
						taken within or without this State, in such form as may be directed. All
						applications for taking such testimony or deposition must be made by
						motion.
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") › WITNESSES AND SUBPEONAS › Section 263.54 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
Subpoen as under this Part shall be subject to paragraph
						(k) of subdivision five of section two hundred five  of the civil service law
						and the rules and regulations promulgated under paragraph (l) of subdivision
						five of section two hundred five  of the civil service 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") › CONFERENCES AND HEARINGS › Section 263.55 - Conferences and hearings; conduct

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to or on the scheduled date of any
					 hearing, the designated hearing officer shall hold a conference with the
					 parties to the proceeding. The failure of a party to appear at the conference
					 may, in the discretion of the hearing officer, constitute ground for dismissal
					 of the absent party's pleading. The hearing officer may, at their discretion,
					 conduct the conference by videoconference, telephone, or by other platform in
					 whole or in part.
(b) Hearings
					 shall be conducted by a designated hearing officer. At any time, a hearing
					 officer may be designated to take the place of the hearing officer previously
					 designated to conduct the hearing. All hearings shall be open to the public
					 unless good cause is shown for closing the hearing.
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") › CONFERENCES AND HEARINGS › Section 263.56 - Hearings; powers and duties of hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
During the course of any hearing, the hearing officer, in
						addition to the other powers specifically conferred upon them, shall have full
						authority to control the conduct and procedure of the hearing and the record
						thereof, to admit or exclude testimony or other evidence, and to rule upon all
						motions and objections. It shall be the duty of the hearing officer to see that
						a full inquiry is made into all the facts in issue and to obtain a complete
						record of all facts necessary for a fair determination of the issues. The
						hearing officer shall have the right to call and examine witnesses, to direct
						the production of papers or other matter present in the hearing room, and to
						introduce documentary or other evidence. The hearing officer may, at their
						discretion, conduct the hearing by videoconference in whole or in 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") › CONFERENCES AND HEARINGS › Section 263.57 - Hearings; rights of parties

Current through Register Vol. 46, No. 28, July 10, 2024
In any hearing all parties shall have the right to call,
						examine and cross-examine witnesses, and to introduce documentary or other
						evidence, subject to the rulings of the hearing officer.
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") › CONFERENCES AND HEARINGS › Section 263.58 - Hearings; stipulations

Current through Register Vol. 46, No. 28, July 10, 2024
At a hearing, stipulations may be introduced in evidence
						with respect to any issue, where such stipulation has been joined in by all
						parties.
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") › CONFERENCES AND HEARINGS › Section 263.59 - Hearings; continuation of

Current through Register Vol. 46, No. 28, July 10, 2024
The hearing shall continue from day to day until
						completed unless the hearing officer concludes that extraordinary circumstances
						warrant otherwise. The hearing officer may, in the hearing officer's
						discretion, adjourn the hearing to a different place by announcement thereof at
						the hearing or by other appropriate notice.
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") › CONFERENCES AND HEARINGS › Section 263.60 - Hearings; oral argument or briefs; unfair labor practice cases

Current through Register Vol. 46, No. 28, July 10, 2024
In a proceeding under section 706, the hearing officer
						may permit the parties to argue orally at the close of the hearing or to file
						briefs or written statements. The time for oral argument or filing briefs or
						memoranda shall be fixed by the hearing officer.
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") › CONFERENCES AND HEARINGS › Section 263.61 - Hearings; oral argument or brief; representation cases

Current through Register Vol. 46, No. 28, July 10, 2024
At the close of hearings in a proceeding under section
						705, the hearing officer may permit the parties to argue orally at the close of
						the hearing or to electronically file briefs or written statements. The time
						for filing such briefs or written statements shall be fixed by the hearing
						officer.
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") › CONFERENCES AND HEARINGS › Section 263.62 - Hearings; variance between pleadings and proof

Current through Register Vol. 46, No. 28, July 10, 2024
A variance between an allegation in a petition under
						section 705 or a pleading in a proceeding under section 706, and the proof, is
						not material unless it is so substantial as prejudicially to mislead the board
						or any party. If a variance is not material, the hearing officer may admit such
						proof and the facts may be found accordingly.
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") › CONFERENCES AND HEARINGS › Section 263.63 - Hearings; motions; objections

Current through Register Vol. 46, No. 28, July 10, 2024
Motions made during a hearing and objections with respect
						to the conduct of a hearing, including objections to the introduction of
						evidence, shall be stated orally and shall be included in the stenographic
						report of the hearing.
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") › CONFERENCES AND HEARINGS › Section 263.64 - Hearings; reopening

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Motions for leave to reopen a hearing because of newly discovered evidence
					 shall be timely made.
(b) The board
					 or a hearing officer may, in their discretion or on their own motion, reopen a
					 hearing and take further testimony at any time.
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") › CONFERENCES AND HEARINGS › Section 263.65 - Hearings; evidence as to transactions had at conferences

Current through Register Vol. 46, No. 28, July 10, 2024
No testimony or evidence shall be given or received at
						any hearing concerning transactions had or statements or communications made
						during the conduct or course of any conference called and held concerning
						charges or petitions unless at the hearing all parties shall expressly waive
						this provision.
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") › CONFERENCES AND HEARINGS › Section 263.66 - Decision and order

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of a proceeding, the hearing officer
						shall issue a decision and order, ruling, or report and recommendations as
						appropriate to 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") › CONFERENCES AND HEARINGS › Section 263.67 - Exceptions to the Board

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
					 section applies to exceptions to the board to decisions, reports, orders,
					 rulings or other appealable findings or determinations.
(b) Within 15 working days after receipt of a
					 decision, report, order, ruling or other appealable findings or conclusions, a
					 party may file electronically (see section
					 263.15  of this Part) with the
					 board a statement in writing setting forth exceptions thereto or to any other
					 part of the record or proceedings. A brief in support thereof shall be filed
					 simultaneously as a separate document. A copy of such exceptions and briefs
					 shall be served upon all other parties and proof of such service shall be filed
					 with the board.
(c) The exceptions
					 shall:
(1) set forth specifically the
					 questions or policy to which exceptions are taken;
(2) identify that part of the decision,
					 report, order, ruling or other findings or determinations to which exceptions
					 are taken;
(3) designate by page
					 citation the portions of the record relied upon; and
(4) state the grounds for exceptions. An
					 exception which is not specifically urged is waived.
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") › CONFERENCES AND HEARINGS › Section 263.68 - Motions for leave to file interlocutory exceptions in extraordinary circumstances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within ten
					 working days after receipt of any interim decision, order or ruling, a party
					 may, consistent with section
					 263.67  of this Part, file with the
					 board electronically (see section
					 263.15  of this Part) a motion
					 seeking leave to file interlocutory exceptions to such interim decision, order,
					 or ruling. A brief in support thereof shall be filed simultaneously as a
					 separate document. A copy of the motion and briefs shall be served
					 simultaneously upon all other parties and proof of such service shall be filed
					 with the board.
(b) The motion for
					 leave to file interlocutory exceptions shall:
(1) identify the alleged extraordinary
					 circumstances warranting the grant of leave to file exceptions which shall
					 include the factual, legal, and/or policy reasons why leave should be
					 granted;
(2) contain the proposed
					 exceptions that shall meet the requirements of section
					 263.67  of this Part; and
(3) attach copies of pleadings, the decision,
					 order, or ruling and relevant excerpts from the record.
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") › CONFERENCES AND HEARINGS › Section 263.69 - Final board action

Current through Register Vol. 46, No. 28, July 10, 2024
Unless a party files exceptions in accordance with this
						Part, the decision, report, order, ruling, finding or other determination, or
						any part thereof will be final, except that the board may, on its own motion,
						decide to review the remedial action recommended under an unfair labor practice
						charge within 45 working days after receipt by the parties of the decision and
						recommended order. A remedial order of a hearing officer in an unfair labor
						practice charge that is not, or is no longer, subject to review by the board as
						provided in this Part, shall be deemed to be a final order of the board for
						purposes of enforcement proceedings under section 707 of SERA and section
						263.72  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") › CONFERENCES AND HEARINGS › Section 263.70 - Record in proceedings under section 706

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record in proceedings under section
					 706 shall consist of the charge or amended charge, the pleadings, notices of
					 hearing, notices of argument, motions, orders, stipulations, stenographic
					 minutes, exhibits, depositions, the hearing officer's decision and order,
					 exceptions, responses, any other pertinent materials before the board, and the
					 final decision and order.
(b) If a
					 proceeding under section 706 is predicated in whole or in part upon a prior
					 proceeding under section 705, the record of such prior proceeding shall be
					 deemed a part of the record in the proceeding under section 706 for all
					 purposes.
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") › CONFERENCES AND HEARINGS › Section 263.71 - Record in proceedings under section 705

Current through Register Vol. 46, No. 28, July 10, 2024
The record in proceedings under section 705 shall consist
						of the petition or amended petition, notices of hearing, notices of argument,
						motions, orders, stipulations, stenographic minutes, exhibits, depositions,
						decision and direction of election, report on secret ballot, objections
						thereto, responses, any other pertinent materials before the board, and
						certification, dismissal or decision.
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") › CONFERENCES AND HEARINGS › Section 263.72 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A party may
					 request the board to seek a judicial order as provided by section 707 of SERA,
					 enforcing a remedial order of the board or that of a hearing officer to which
					 no exceptions have been filed with the board if the party or parties against
					 whom the order was issued refuses or fails to comply with the order, provided
					 that such order is not, or is no longer, subject to judicial review pursuant to
					 section 707 of SERA.
(b) Request
					 for enforcement. A party seeking enforcement by the board must file with the
					 board's office of counsel electronically (see section
					 263.15  of this Part) a written
					 request stating the reason(s) why a judicial order of enforcement is necessary,
					 supported by affidavits of persons with personal knowledge of the facts set
					 forth therein, attesting to the alleged refusal or failure to comply with the
					 remedial order. Said request and supporting affidavits shall be accompanied by
					 proof of service on all other parties before the board.
(c) Response. Pursuant to a schedule set by
					 the office of counsel, all other parties before the board may file
					 electronically with the office of counsel a written response to the request for
					 enforcement stating why enforcement is not necessary, supported by affidavits
					 of persons with personal knowledge of the facts set forth therein. Said
					 response and supporting affidavits shall be accompanied by proof of service on
					 all other parties before the board.
(d) Action by the office of counsel.
					 Following review of a request for enforcement and the response, the office of
					 counsel, will determine whether a petition for a judicial order of enforcement
					 pursuant to section 707 of SERA should be commenced.
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") › CONFERENCES AND HEARINGS › Section 263.73 - Public record

Current through Register Vol. 46, No. 28, July 10, 2024
The record as defined in sections
						263.70 and
						263.71  of this Part shall
						constitute the public record of the case and shall be made available for
						inspection or copying under such conditions as the board may prescribe.
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") › DESIGNATION, POWERS AND DUTIES OF BOARD'S AGENTS › Section 263.74 - Hearing officers; powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
All hearing officers, fact-finders, and any other
						individuals designated by the board to hold hearings, are hereby designated by
						the board as its agents:
(a) to
					 conduct and be in full charge and control of any and all hearings;
(b) in connection with such hearings, to have
					 access to and the right to copy evidence, to administer oaths and affirmations,
					 to examine witnesses, to receive evidence, and in connection therewith, to do
					 any and all things necessary and proper to effectuate the policies of SERA 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") › DESIGNATION, POWERS AND DUTIES OF BOARD'S AGENTS › Section 263.75 - General

Current through Register Vol. 46, No. 28, July 10, 2024
The foregoing designations are not to be construed to
						limit the power of the board to make such special designations of agents as may
						be necessary to effectuate the purposes of FLFLPA and, where applicable, SERA,
						nor shall the foregoing designations be construed as limiting the power of the
						board at any time to confer upon its agent or agents additional duties.
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 263.76 - Method; proof

Current through Register Vol. 46, No. 28, July 10, 2024
Charges, petitions, orders and other process and papers
						of the board, its members, agent or agency, may be served electronically,
						personally, by regular mail, by registered mail, by commercial mail service, or
						by leaving a copy at the principal office or place of business of the person to
						be served. A declaration or affidavit of service, setting forth the manner of
						such service, the return post office receipt when registered and mailed as
						aforesaid, or electronic confirmation shall constitute proof of service. Final
						orders issued by the board shall be served upon the parties by registered or
						certified mail, or pursuant to section
						263.15  of this Part.