reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 221 - Civil Penalty: Criteria For Waiver Or Reduction Where Payment Is Made By A Prime Contractor Pursuant To Labor Law Section 223 › Section 221.1 - Civil penalty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When, after
				an investigation or hearing, as provided in subdivisions 7 and 8 of section
				220, and subdivision 2 of section 220-b  of the Labor Law, it is determined
				that a subcontractor failed to pay prevailing wages and/or supplements, and the
				prime contractor, responsible for the noncompliance or evasion on the part of
				the subcontractor, makes restitution, the Commissioner of Labor, or his
				designated representative, may waive the civil penalty, to be assessed in
				accordance with subdivision 8 of section 220 and subdivision 2 of section 220-b  of the Labor Law, where
				uncontroverted evidence of all of the following exists:
(1) the prime contractor, or its agent,
				provided the subcontractor with the applicable prevailing wage rate schedule
				for the project and any subsequently issued annual determinations or
				corrections;
(2) the prime
				contractor made a good faith effort to assure that the subcontractor complied
				with all Labor Law requirements, including, but not limited to, requesting and
				reviewing certified payroll records;
(3) the subcontractor cannot be located,
				despite the prime contractor having made a good faith attempt to locate said
				subcontractor, or the subcontractor has filed for bankruptcy protection, or the
				subcontractor is no longer in business;
(4) the prime contractor has paid the
				subcontractor in full in accordance with the terms of its subcontract
				agreement;
(5) the prime contractor
				has fully cooperated, in a timely manner, with the Department of Labor's
				investigation; and
(6) in all
				likelihood, the prime contractor will be unable to receive indemnification from
				the subcontractor for the restitution it has paid.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 222 - Hauling of Aggregate Supply Construction Materials › Section 222.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of Section 220  of the Labor
				  Law:
(a)
Worksite
means the area in which the improvements associated with a specific project, as
				defined in the construction contract, and any surrounding areas supporting that
				specific project.
(b)
Central stockpile
means a location of centrally stockpiled
				materials solely dedicated for use on a public work project that is not part of
				a worksite but intended to support the worksite.
(c)
Aggregate supply construction
				materials
means sand, gravel, stone, crushed stone, dirt, soil,
				millings, and fill.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter III - Bureau Of Public Work › Part 222 - Hauling of Aggregate Supply Construction Materials › Section 222.2 - Application

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of Section 220  of the Labor
				  Law:
(a) Prevailing wage shall be paid
				for work performed at a worksite involving the delivery of aggregate supply
				construction materials to such worksite.
(b) Prevailing wage shall be paid for work
				performed involving the hauling of aggregate supply construction materials from
				a worksite to a central stockpile, as well as any return hauls, empty or
				loaded, time spent loading or unloading at a worksite, and time spent loading
				or unloading at a central stockpile related to hauls from or to a
				worksite.
(c) Prevailing wage shall
				be paid for work performed within a 50-mile radius of a worksite involving the
				delivery of aggregate supply construction materials from a vendor of aggregate
				supply construction materials, such as a plant or quarry, to a worksite, except
				prevailing wage shall not be paid to direct employees of a supplier of
				aggregate supply construction materials, when making a single delivery in a
				given day.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
These rules apply to all proceedings other than those
					 involving agricultural workers and employers brought under the New York State
					 Employment Relations Act ("SERA"). Rules for cases brought under the provisions
					 of the Farm Laborers' Fair Labor Practices Act ("FLFLPA") are contained in Part
					 263. These rules shall be liberally construed and shall not be deemed to limit
					 the powers conferred on the board by SERA.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.2 - Use of terms

Current through Register Vol. 46, No. 28, July 10, 2024
The terms
person, employer, employees,
					 representatives, labor organization, company union, unfair labor
					 practice
and
labor dispute,
as used herein, shall
					 have the meanings set forth in section 701 of the New York State Employment
					 Relations Act.1
The statutory text of the New York State Employment
						Relations Act uses the terms "labor organization" and "employee organization"
						as fully synonymous while only defining the former. This usage applies to these
						Rules
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.3 - SERA; board; chairperson

Current through Register Vol. 46, No. 28, July 10, 2024
The term SERA, as used herein, shall mean the New York
					 State Employment Relations Act, and the term s board or agency shall mean the
					 New York State Public Employment Relations Board. The terms chairperson or
					 chair shall mean the chairperson thereof.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.4 - Director of PEPR and Director of Conciliation

Current through Register Vol. 46, No. 28, July 10, 2024
The term director of PEPR shall mean the agent of the board
					 designated as director of private employment practices and representation. The
					 term
director of conciliation
shall mean the agent of the
					 board so designated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.5 - Counsel

Current through Register Vol. 46, No. 28, July 10, 2024
The term
counsel
shall mean the agent of
					 the board so designated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.6 - Deputy Chairperson

Current through Register Vol. 46, No. 28, July 10, 2024
The term deputy chairperson shall mean the agent of the
					 board so designated.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.7 - Declaration

Current through Register Vol. 46, No. 28, July 10, 2024
The term declaration, as used in this Chapter, shall mean a
					 statement that is made under penalty of perjury but is not sworn to before a
					 notary or other person entitled to administer oaths. Any document required by
					 these rules may be supported, evidenced, established, or proved by the unsworn
					 declaration, the contents of which are declared as true under penalty of
					 perjury, dated, and expressly states above the declarant's signature that the
					 matters so declared, certified, verified, or stated, are made under penalty of
					 perjury under the laws of the State of New York and that the foregoing
					 statements are true and correct.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.8 - Administrative law judge; hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
The terms administrative law judge or hearing officer shall
					 mean an agent of the board so designated by the chair or their designee and
					 shall include the director and assistant director of private employment
					 practices and representation. As used in these rules, the terms administrative
					 law judge and hearing officer are interchangeable.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.9 - Singular/plural use of terms

Current through Register Vol. 46, No. 28, July 10, 2024
Any term used in the singular in these rules also
					 encompasses the plural of that term. For example, the terms employer or labor
					 organization encompasses the terms employers or labor
					 organizations.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.10 - Parties

Current through Register Vol. 46, No. 28, July 10, 2024
The term party or parties as used herein in connection with
					 proceedings under section 706 of SERA, shall mean any person, persons, entity
					 or entities cognizable under SERA, instituting any procedure under SERA, or
					 named as a respondent or party in interest in any matter filed under SERA, and
					 any other persons or labor organizations whose interventions have been
					 permitted by the board, hearing officer, mediator, or
					 fact-finder.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.11 - Electronic filing and service; paper filing and service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
electronic
				  filing
, as used in this Chapter, shall mean a document submitted by
				  electronic mail to an address specified by the board on its website, or by
				  other electronic means specified by the board on its website. Such documents
				  shall be:
(1) in a format that can be read
				  using software that is readily available and is in widespread use by
				  government, businesses, and individuals; and
(2) electronically searchable unless the
				  party providing the document certifies in a written attachment to the document
				  served and/or in any required proof of service that it does not have the
				  capacity to produce a searchable file.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.12 - Computing time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
days
, as used in this Chapter, shall refer to calendar
				  days.
(b) The term
working
				  days
, as used in this Chapter, shall not include a Saturday, a Sunday,
				  or a legal State or federal holiday.
(c) In computing any period of time
				  prescribed or allowed by these rules, or by order or direction, the day of the
				  act, event, or default after which the designated period of time begins to run
				  shall not be included. The last day of the period so computed shall be
				  included, unless it falls on a Saturday, a Sunday, or a legal State or federal
				  holiday, in which event the period shall run to the next working day.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 250 - Definitions And General Provisions › Section 250.13 - Showing of interest

Current through Register Vol. 46, No. 28, July 10, 2024
The term
showing of interest
, as used in
					 this Chapter, shall mean a demonstration of support for the filing of a
					 petition for certification, a motion to intervene, or for certification without
					 an election. A showing of interest shall consist of evidence of current
					 membership in a labor organization, including dues deduction authorizations,
					 original designation cards, or petitions on a form prescribed by the board, all
					 of which were signed and dated within one year of submission. A showing of
					 interest for the filing of a petition or a motion to intervene must consist of
					 at least thirty (30) percent of employees in an allegedly appropriate
					 negotiating unit or a negotiating unit determined to be appropriate. Any
					 showing of interest must be accompanied by a declaration of authenticity as set
					 forth in section
					 251.4  of this Chapter. A filing of
					 dues deduction cards or other evidence of support sufficient to demonstrate
					 majority support in a unit alleged to be appropriate may also be used to
					 determine whether a labor organization is entitled to certification without an
					 election pursuant to section
					 251.4(b)  of this
					 Chapter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.1 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
A petition for investigation pursuant to section 705 of
						SERA may be filed with the board by employees, employers, or their
						representatives. The petition shall be in writing. The original shall be
						signed, dated, and supported by the unsworn declaration of such person, the
						content of which is declared as true under penalty of perjury. The petition
						shall be electronically filed and served (see section
						250.11  of this Title). Petition
						forms will be supplied by the board upon request and are available on 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 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.2 - Petition of employee or representative; contents

Current through Register Vol. 46, No. 28, July 10, 2024
A petition when filed by an employee or his
						representative shall contain:
(a) the
					 name and address of the petitioner;
(b) the name and address of the employer or
					 employers concerned, the general nature of the business, and the approximate
					 number of employees in the unit alleged to be appropriate;
(c) the approximate percentage and volume of
					 sales to and purchases from, points outside New York State, and any other facts
					 concerning interstate commerce, if any, and whether the National Labor
					 Relations Board has accepted or declined jurisdiction over the employer. If
					 such information is unknown to the petitioner, the petition shall so
					 state;
(d) the classification or
					 brief description of employees in the bargaining unit or units claimed to be
					 appropriate, the number of employees therein, and, if applicable, the names and
					 addresses of any other individuals or labor organizations who claim to be the
					 representatives of any of the employees in the alleged bargaining unit or
					 units;
(e) an allegation that a
					 question or controversy exists concerning representation and a concise
					 statement setting forth the nature thereof;
(f) a request that the board certify the
					 petitioner as the collective bargaining representative of the employees within
					 the bargaining unit or units claimed to be appropriate.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.3 - Petition of employer or representative; contents

Current through Register Vol. 46, No. 28, July 10, 2024
Such petition, when filed by an employer shall
						contain:
(a) the names and address of
					 the petitioning employer or representative;
(b) the general nature of the business and
					 the approximate number of employees;
(c) the approximate percentage and volume of
					 sales to and purchases from, points outside New York State and any other facts
					 concerning interstate commerce, if any;
(d) the classification of employees in the
					 bargaining unit or units claimed to be appropriate, and the number of employees
					 employed in such bargaining unit or units;
(e) the names and addresses of any
					 individuals or labor organizations who claim to represent any of the employees
					 in the alleged bargaining unit or units;
(f) an allegation that a question or
					 controversy exists concerning representation and a concise statement setting
					 forth the nature thereof.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.5 - Notice of pending petitions

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition under section 705 of SERA,
						notice thereof, including the date when such petition was filed, the name and
						address of the employer affected and the nature of his business, the unit
						claimed to be appropriate and the name of the person or organization filing the
						same, shall be maintained by an agent of the board on a public docket kept by
						the board at its principal office.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.6 - Petition; withdrawal or amendment

Current through Register Vol. 46, No. 28, July 10, 2024
At any time before the issuance of a notice of hearing on
						a petition for investigation and certification, the director of PEPR may permit
						the amendment of the petition or its withdrawal in whole or in part. At any
						time after the issuance of such notice of hearing, 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 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.7 - Response

Current through Register Vol. 46, No. 28, July 10, 2024
Except for the petitioner, all parties shall file
						electronically (see section
						250.11  of this Title) with the
						director of PEPR or assigned hearing officer within 10 working days after
						receipt of a copy of the petition from the director of PEPR, a response to the
						petition containing a signed declaration of its truthfulness by an identified
						representative of the responding party, with proof of service of a copy thereof
						upon all other parties. The response shall include a specific admission, denial
						or explanation of each allegation made by the petitioner, a description of the
						unit claimed to be appropriate by the responding party for the purpose of
						collective bargaining2 and a
						clear and concise statement of any other facts which the responding party
						claims may affect the processing or disposition of the
						petition.
The statutory text of SERA uses the terms "collective
						  bargaining" and "collective negotiations" as fully synonymous. This usage
						  applies to these Rules.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Investigation and Elections › Section 251.8 - Investigation; ascertainment of desires of employees; notice

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the course of its investigation of a
					 question or controversy concerning representation, the board may certify a
					 labor organization as the exclusive representative for purposes of collective
					 bargaining when the labor organization demonstrates a showing of majority
					 support by employees in an appropriate unit for purposes of collective
					 bargaining. The director of PEPR shall ascertain employee choice of a labor
					 organization on the basis of dues deduction authorization and other evidence,
					 or if necessary by conducting an election under section 705(1) of SERA. When a
					 hearing has been directed, the director of PEPR shall prepare and cause to be
					 served upon the parties a notice of hearing before a hearing officer, at a time
					 and place fixed therein. A copy of the petition shall be served with the notice
					 of hearing.
(b) The determination
					 by the director of PEPR that the indications of employee support are not
					 sufficient for certification without an election is a ministerial act and will
					 not be reviewed by the board. The director of PEPR shall inform all parties in
					 writing if the director of PEPR determines that the indications of employee
					 support are sufficient for certification without an election. The director of
					 PEPR 's determination in this respect is reviewable by the board pursuant to a
					 written objection to certification filed with the board by a party within five
					 working days after its receipt of the director of PEPR '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 proceeding. A
					 response to the objection may be filed within five working days after a party's
					 receipt of the objection.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Investigation and Elections › Section 251.9 - Elections; terms and conditions

Current through Register Vol. 46, No. 28, July 10, 2024
If the director of PEPR 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 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 the board may
						specify.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Investigation and Elections › Section 251.10 - Determination of representatives on consent

Current through Register Vol. 46, No. 28, July 10, 2024
Subject to the approval of the director of PEPR, the
						parties to a representation proceeding may agree on the method by which the
						board shall determine the question of representation.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Investigation and Elections › Section 251.11 - Decision by hearing officer

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of proceedings, the hearing officer shall
						issue a decision and submit the record of the case to the board. The record
						shall include the petition, response, notice of hearing, motions, rulings,
						orders, stenographic report of the hearing, stipulations, exceptions,
						documentary evidence, any briefs or other documents submitted by the parties,
						objections to the conduct of an election or conduct affecting the results of an
						election, and the decision of the hearing officer. Exceptions to a decision by
						a hearing officer may be filed pursuant to section 253. 22 of this
						Title.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Certifications › Section 251.12 - Certification of representatives

Current through Register Vol. 46, No. 28, July 10, 2024
The board, upon the completion of its investigation,
						shall certify to the parties the name or names of the representatives selected,
						if any, or make other disposition of the matter.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Certifications › Section 251.13 - Certification; life of

Current through Register Vol. 46, No. 28, July 10, 2024
When a representative has been certified by the board,
						such 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 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Charge › Section 252.1 - 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.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Charge › Section 252.2 - 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 declaration. The charge shall also be signed and dated. The
						charge shall be electronically filed with the director of PEPR (see section
						250.11  of this Title). 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 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Charge › Section 252.3 - 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
					 or labor organization making the charge;
(b) the full name and address of the employer
					 or employers against whom the charge is made;
(c) upon information and belief, the general
					 nature of the employer's business, the approximate number of its employees, the
					 approximate percentage and volume of sales to and purchases from, points
					 outside New York State, and any other facts concerning interstate commerce, if
					 any, and whether the National Labor Relations Board has accepted or declined
					 jurisdiction over the employer;
(d)
					 an enumeration of the subdivision or subdivisions of sections 704 or 704-a of
					 SERA which are alleged to have been violated by the employer or employers, 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.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Charge › Section 252.4 - 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 may constitute an unfair labor practice
					 as set forth in section 704 or 704-a of SERA. If the director of PEPR
					 determines that the facts as alleged do not, as a matter of law, constitute a
					 violation, the director of PEPR may dismiss the charge, with a written
					 explanation, subject to review by the board under Section
					 253.22  of this Chapter;
					 alternatively, the director of PEPR may permit the party to amend the charge to
					 cure such deficiency in the charge. If the deficiency is not cured, the
					 director of PEPR may dismiss the charge with a written explanation of the
					 grounds for the dismissal or deem the charge, or any part thereof, withdrawn.
					 Such dismissal is likewise subject to review of the board under Section
					 253.22  of this Chapter.
(b)
Notice of conference
. A
					 notice of conference pursuant to Section
					 253.10  of this Chapter shall be
					 prepared by the director of PEPR or a designated hearing officer specifying the
					 time and place for the conference and, together with a copy of the charge,
					 shall be delivered to the charging party and each named respondent.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Charge › Section 252.5 - Charge; amendment and withdrawals

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 before,
						during, or after the conclusion of the hearing upon such terms as may be deemed
						just and consistent with due process. The charge may be withdrawn by the
						charging party before the issuance of the dispositive 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 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 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.6 - Answer; motion for particularization; filing; service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The party or parties against whom the
					 charge is filed shall have the right to file an answer within 10 working days
					 after receipt of the charge from the director of PEPR. Upon application the
					 director of PEPR or hearing officer may extend the time within which the answer
					 shall be filed. One copy of the answer shall be served on each party and the
					 proof of due service shall be filed with the assigned hearing officer. The
					 answer shall be filed electronically (see section
					 250.11  of this Title) with the
					 hearing officer.
(b) If the charge
					 is believed by a responding party to be so vague and indefinite that it cannot
					 reasonably be required to frame an answer, the responding party may, within 10
					 working days after receipt from the director of PEPR of a copy of the charge,
					 file electronically a motion with the hearing officer for an order directing
					 the charging party to file a statement supplying specified information. The
					 filing of such motion will extend the time during which the responding party
					 must file and serve its answer until 10 working days after receipt of the
					 ruling of the hearing officer on the motion, or until such later date as the
					 hearing officer may set. Such a motion must be served upon all parties
					 simultaneously with its filing with the hearing officer; proof of service must
					 accompany the filing of the motion with the hearing officer. The charging party
					 may file electronically a response to the motion within seven working days
					 after its receipt thereof, with proof of service of a copy of the response on
					 all other parties. The failure of a party to timely comply with an order of
					 particularization may, in the discretion of the hearing officer, constitute
					 ground for precluding the party from offering any evidence as to the matters
					 dealt with by the order.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.7 - Answer; declaration

Current through Register Vol. 46, No. 28, July 10, 2024
The answer shall be supported by 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 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.8 - Answer; denials

Current through Register Vol. 46, No. 28, July 10, 2024
The answer shall contain a specific denial 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.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.9 - Answer; defense; new matter; motion for particularization

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The answer shall contain a concise
					 statement of the facts constituting the grounds of defense. Allegations of new
					 matter in the answer shall be deemed denied without the necessity of a
					 reply.
(b) If the statement of
					 facts supporting any affirmative defense is believed by a charging party to be
					 so vague and indefinite that such charging party cannot reasonably be expected
					 to address them in an expeditious manner at a hearing, such charging party may,
					 within 10 working days after receipt of the answer, file electronically with
					 the hearing officer a motion for an order directing the responding party to
					 file a verified statement supplying specified information. Such a motion must
					 be served upon all parties simultaneously with its filing with the hearing
					 officer; proof of service must accompany the filing of the motion with the
					 hearing officer. The responding party may file electronically a response to the
					 motion within seven working days after its receipt thereof, with proof of
					 service of a copy of the response on all other parties. The failure of a party
					 to timely comply with an order of particularization may, in the discretion of
					 the hearing officer, constitute ground for precluding the party from offering
					 any evidence as to the matters dealt with by the order.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.10 - 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, at any time before the issuance of the final decision
						and order.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.11 - 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 an answer in the manner and within the time herein
						provided, it may be limited to crossexamination of witnesses called by the
						charging party and shall have such other rights as the hearing officer may deem
						proper. Where prejudice to the charging party is demonstrated or no sufficient
						excuse or justification for the failure to file is proffered, the hearing
						officer may deem such failure to constitute an admission of the material facts
						alleged in the charge and a waiver by the respondent of a
						hearing.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 252 - Procedure under Section 706 Of Sera for Prevention of Unfair Labor Practices › Answer › Section 252.12 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Joinder › Section 253.1 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Joinder › Section 253.2 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Motions › Section 253.3 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Motions › Section 253.4 - 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 any motion electronically (see section
						250.11  of this Title) 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 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Waiver › Section 253.5 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Intervention › Section 253.6 - 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 (see section
						250.11  of this Title) with the
						director of PEPR or designated hearing officer a written application, setting
						forth the facts upon which such person, employer or organization claims an
						interest in the proceeding. The application shall 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 SERA.
New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Consolidation or Severance › Section 253.7 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Witnesses and Subpoenas › Section 253.8 - 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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Witnesses and Subpoenas › Section 253.9 - Subpoenas

Current through Register Vol. 46, No. 28, July 10, 2024
Subpoen as under this Part shall be subject to section 205 (5)(k)  of the Civil
						Service Law and the rules and regulations promulgated under section 205 (5)(l)  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 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS › Conferences and Hearings › Section 253.10 - 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 may 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, where
					 appropriate, 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.