reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.6 - Records control

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department will ensure the security of files which may contain confidential HIV
				related information. All officers, employees and agents of the department in
				possession of, or having access to, confidential HIV related information shall
				at all times maintain the security of all records that contain confidential HIV
				related information.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.7 - Protection of others at significant risk of infection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall implement and
				enforce a plan for the prevention of circumstances which could result in an
				employee or individual becoming exposed to blood or body fluids. Such a plan
				shall include:
(1) training for appropriate
				persons on the use of protective equipment, preventive practices, and
				circumstances that constitute significant risk exposure;
(2) appropriate training, counseling and
				supervision of persons regarding behaviors which pose a risk for HIV
				transmission at the work site. Contact notification, when appropriate, shall be
				conducted in accordance with Public Health Law, section 2782(4) and 10 NYCRR
				63.7;
(3) use of accepted
				protective practices to prevent skin and mucous membrane exposure to blood,
				other body fluids, or other significant risk body substances, as defined in 10
				NYCRR 63.9(b);
(4) the use of
				accepted preventive practices while handling instruments or equipment that may
				cause puncture injuries; and
(5)
				the provision, as appropriate, of personal protective equipment which is of
				appropriate quality and quantity.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 83 - Confidentiality Of Hiv And Aids Related Information › Section 83.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is judged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply only to officers and
				  employees in the Executive Branch who have been designated managerial or
				  confidential pursuant to article 14 of the Civil Service Law, (hereinafter
				  referred to as employee), and who are subject to:
(a) the attendance rules for employees in New
				York State departments and institutions;
(b) the attendance rules for institution
				teachers of the Department of Correctional Services;
(c) the attendance rules for institution
				teachers of the Office of Mental Health;
(d) the attendance rules of the Division of
				Military and Naval Affairs; or
(e)
				the attendance rules of the Division of State Police.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.2 - Supplemental payments to certain persons receiving workers' compensation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee who
				is disabled and absent from work as a result of an illness, accident or injury
				incurred on or after September 1, 1986, and before July 1, 1992, who is
				receiving compensation pursuant to section
				12 of
				the Workers' Compensation Law shall, in addition to such an award, receive a
				supplemental payment thereto from the State, as hereinafter provided, in an
				amount as determined by the State Comptroller, which supplement, together with
				said compensation, will equal such employee's regular biweekly salary, adjusted
				to exclude deductions from the employee's gross biweekly salary for Federal,
				State and municipal income tax withholdings and withholdings for social
				security (hereinafter referred to as the net biweekly salary), during the
				period that such employee is receiving compensation pursuant to the Workers'
				Compensation Law, or for nine months from the initial effective date of the
				payment of such supplement, whichever is shorter. In the event compensation
				pursuant to the Workers' Compensation Law is awarded retroactively, such
				supplement shall be paid for a period of equal length; provided, however, in no
				event shall the payment of said supplement be for a period in excess of nine
				months in the aggregate.
(b) In the
				event an employee receiving such supplemental payment is participating in a tax
				deferred annuity program as authorized by State law, rule or regulation, the
				amount of any salary reduction shall be ignored in computing the amount of the
				supplemental payment to be made to such an employee.
(c) In the event an employee is participating
				in the Voluntary Reduction in Work Schedule Program (VRWS), the supplemental
				payment herein provided shall be based on the percentage of salary the employee
				is receiving pursuant to the VRWS agreement with the employer; provided,
				however, that after 28 days of continuous absence the VRWS agreement shall be
				cancelled and such supplemental payment shall be recalculated on the basis of
				the employee's regular biweekly salary without regard to any such program
				participation.
(d) The supplemental
				payments made pursuant to this section shall be deemed a disability benefit for
				the purpose of adjustments to any short term or long term disability benefit
				otherwise payable pursuant to Part 78 of this Title.
(e) If the Workers' Compensation Board
				determines that compensation pursuant to section
				12 of
				the Workers' Compensation Law is not payable, the employee shall be required to
				repay all amounts provided pursuant to this Part to the State in such form and
				in such amount as the Comptroller shall determine.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.3 - Continuation of eligibility for certain benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An employee who is absent and receiving
				payments pursuant to this Part shall be deemed to be in full pay status for the
				purpose of Civil Service Law and the rules and regulations promulgated
				thereunder.
(b) An employee subject
				to this Part who is absent on workers' compensation disability leave without
				pay resulting from an injury or disease suffered on or after January 1, 1994
				shall be deemed to be in full pay status for all other purposes of the Civil
				Service Law and the rules and regulations promulgated thereunder, but only for
				one cumulative year of absence for each such injury or disease.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.4 - Eligibility for benefits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
				as hereinafter provided, no supplement pursuant to this Part shall be paid to
				an employee during the initial seven calendar days of absence due to a work
				connected injury or disease.
(b) If
				an employee is absent from work because of such injury or disease for more than
				seven but fewer than 15 calendar days, the supplement herein provided shall
				commence effective with the eighth calendar day of such absence.
(c) An employee absent from work because of
				such injury or disease for more than 14 calendar days shall be paid the
				supplement herein provided retroactive to the first day of such
				absence.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.5 - Duration of supplemental benefits

Current through Register Vol. 46, No. 28, July 10, 2024
The maximum cumulative period during which a supplemental
				  benefit shall be paid with respect to any specific injury or disease suffered
				  by an employee as the result of his or her employment shall be nine months;
				  provided, however, nothing herein shall prevent the employee from electing to
				  continue to receive his or her full salary by charging appropriate leave
				  accruals during the period prior to the payment of compensation pursuant to
				  section
				  12 of
				  the Workers' Compensation Law where the claim of the employee has not been
				  controverted. In the event it becomes necessary to adjust the compensation
				  otherwise payable to an employee upon a change in such employee's status, said
				  adjustments shall be made in accordance with the procedures promulgated
				  pursuant to this regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.6 - Policies and procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the personnel services division is hereby
				  authorized to provide for the administration of this Part including the
				  issuance of such policies, guidelines and procedures as may be
				  necessary.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.7 - Construction

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing herein shall be deemed to continue the employment of
				  any individual beyond that date on which such person's employment would
				  otherwise have ended or would have been required to terminate in accordance
				  with law, rule or regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 89 - Workers' Compensation Benefit For Certain Managerial Or Confidential Employees › Section 89.8 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may appeal a denial of supplemental payments
				  pursuant to this Part to the State Civil Service Commission by submitting a
				  written explanation, supported by available documentary evidence, setting forth
				  the facts upon which he or she relies to show that the denial was incorrect.
				  Such appeal shall be filed with the commission within 30 days of the date of
				  such denial.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term public employee means any person
				holding a position by appointment or employment in the service of a public
				employer.
(b) The term public
				employer means:
(1) the State of New
				York;
(2) a county, city, town,
				village, or any other political subdivision or civil division of the
				State;
(3) a school district or any
				governmental entity operating a public school, college or university;
(4) a public improvement or special
				district;
(5) a public authority,
				commission or public benefit corporation; or
(6) any other public corporation, agency or
				instrumentality or unit of government which exercises governmental powers under
				the laws of the State.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.2 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligibility for
				leave under this Part shall be limited to those employees who qualify as
				members of a United States team for athletic competition, on the world,
				Pan-American or Olympic level in a sport contested in either Pan-American or
				Olympic competitions.
(b) The
				granting of leave under this Part shall be discretionary with the public
				employer.
(c) In order to qualify
				for leave under this Part, an employee must:
(1) be actively working for the employer of
				whom the leave is requested at the time the request is made;
(2) request such leave of absence of the
				employer a reasonable period which, whenever practicable, will be 15 days prior
				to the date the employee wishes such leave to commence;
(3) at the time of the request for leave of
				absence:
(i) provide the employer with the
				actual or anticipated dates of the competition in which the employee expects to
				compete, together with the dates of any official training camp period required
				for preparation for competition;
(ii) specify the total number of days of
				leave that will be necessary in order for the employee to participate in and
				prepare for the athletic competition or competitions involved; and
(iii) submit to the employer satisfactory
				evidence of qualification and selection for participation in the athletic
				competitions covered by this Part.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.3 - Maximum leave allowable

Current through Register Vol. 46, No. 28, July 10, 2024
Leave shall be available only for the purpose of preparing
				  for and engaging in the competitions set forth herein, and in no event shall
				  the total of all such leave exceed the period of the official training camp and
				  competition combined plus a reasonable amount of travel time or 90 calendar
				  days a year, whichever is less.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.4 - Termination of leave

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
				As used in this section and Education Law §273(1)(b):
(1)
Central library
means
				the library so designated in the public library system's approved plan of
				service.
(2)
Co-central
				libraries
means the two libraries so designated in the public library
				system's approved plan of service.
(3)
Approved plan of service
means the public library system's plan of service submitted to the State
				Library pursuant to Education Law §272(1).
(4)
Professional position
means a position that requires a public librarian professional certificate
				pursuant to section 90.7 of this Part.
(5)
Library materials and information
				resources
means adult, juvenile, fiction, nonfiction, foreign language
				or reference materials in any format.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.5 - Compensation

Current through Register Vol. 46, No. 28, July 10, 2024
An employee granted leave pursuant to the provisions of this
				  Part shall be paid at the employee's regular pay rate for each week of leave
				  granted in the amount the employee would receive for a standard work week, but
				  shall not be entitled to compensation for any day in camp or competition for
				  which compensation would not ordinarily be paid.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter V - Regulations Of The Department Of Civil Service (president's Regulations) › Part 90 - Public And Free Association Libraries › Section 90.6 - Employment extension

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall not be construed to authorize or require
				  extension of any employment beyond the time at which it would otherwise
				  terminate by operation of law, rule or regulation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.1 - Act; board

Current through Register Vol. 46, No. 28, July 10, 2024
The term
act,
as used in this Chapter, shall
				  mean the New York State Public Employees' Fair Employment Act, and the terms
board
and
agency
shall each mean the New York
				  State Public Employment Relations Board, or any two members
				  thereof.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.2 - Director; deputy chair; administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
The term
director,
as used in this Chapter,
				  shall mean the agent of the board designated as director of public employment
				  practices and representation; the term
deputy chair
shall mean
				  an agent of the board so designated; the term
administrative law
				  judge
as used in this Chapter shall mean an agent of the board so
				  designated and shall include the director and assistant director of public
				  employment practices and representation.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.3 - Director of conciliation

Current through Register Vol. 46, No. 28, July 10, 2024
The term
director of conciliation,
as used
				  in this Chapter, shall mean the agent of the board so
				  designated.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.5 - Counsel

Current through Register Vol. 46, No. 28, July 10, 2024
The term
counsel,
as used in this Chapter,
				  shall mean the agent of the board so designated.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.6 - Party

Current through Register Vol. 46, No. 28, July 10, 2024
The term
party,
except as otherwise provided
				  in this Chapter, shall mean any public employee, employee organization or
				  public employer filing a charge, petition or application under the act or this
				  Chapter; any public employee, employee organization or public employer named as
				  a party in a charge, petition or application filed under the act or this
				  Chapter; or any other public employee, employee organization or public employer
				  whose timely motion to intervene in a proceeding has been
				  granted.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.7 - Impartial agency

Current through Register Vol. 46, No. 28, July 10, 2024
The term
impartial agency,
as used in this
				  Chapter, shall mean an agency or agent established or designated by a local
				  government pursuant to procedures established by its legislative body under
				  section 206.1 or section 212 of the act,
				  which agency or agent shall be free from direction by the local government
				  involved and without predisposition or appearance of predisposition to favor
				  such local government or any employee organization in matters which come before
				  it.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.8 - Certification

Current through Register Vol. 46, No. 28, July 10, 2024
The term
certification,
as used in this
				  Chapter, shall mean the designation of an employee organization as negotiating
				  representative of employees in an appropriate unit by the board or by a local
				  impartial agency established pursuant to section
				  206.1 or section 212 of the
				  act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.9 - Recognition

Current through Register Vol. 46, No. 28, July 10, 2024
The term
recognition,
as used in this
				  Chapter, shall mean the designation of an employee organization as negotiating
				  representative of employees in an agreed-upon unit by a government not acting
				  through an impartial agency pursuant to section
				  206.1 or section 212 of the
				  act.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.10 - Computing time

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
working days,
as used in this Chapter, shall not include a
				Saturday, a Sunday, or a legal holiday.
(b) The term
days
, as used
				in this Chapter, shall refer to calendar days.
(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 holiday, in which
				event the period shall run to the next working day.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.11 - Filing; service

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term
filing,
as used in this Chapter, except as otherwise
				specifically provided, shall mean delivery to the board or an agent thereof, or
				the act of mailing to the board, or deposit of the papers enclosed in a
				properly addressed wrapper into the custody of an overnight delivery service
				for overnight delivery, before the latest time designated by the overnight
				delivery service for overnight delivery.
(b) The term
service,
as
				used in this Chapter, except as otherwise specifically provided, shall mean
				delivery to a party or the act of mailing to a party, or deposit of the papers
				enclosed in a properly addressed wrapper into the custody of an overnight
				delivery service for overnight delivery, before the latest time designated by
				the overnight delivery service for overnight delivery. Personal service is
				complete upon delivery. Service by mail or by overnight delivery is complete at
				the time of sending. Except as otherwise directed by the board or one of its
				designees, where a paper described in this Chapter is served by regular mail,
				the due date of any response will have five calendar days added to the time
				specified in this Chapter. In the case of service by overnight delivery, an
				additional day will be added to any prescribed time in which any responsive
				pleadings, papers, or other required act triggered by the service is
				calculated.
(c)
Overnight
				delivery service
means any delivery service which regularly accepts
				items for overnight delivery to any address in the State.
(d)
Proof of service
shall
				mean evidence that any document required to be filed with the board or any of
				its agents was delivered to all other parties or other mandated recipients as
				required by these rules or by the act. Proof of service shall consist of either
				a sworn affirmation of counsel or notarized affidavit by the individual who
				served the document, specifying the document served, the person or persons upon
				whom it was served, and the means by which it was served. Proof of service may
				also take the form of a United States Postal Service tracking receipt or
				report, or by other United States Postal Service issued document establishing
				the date of mailing, the identity and address of the recipients, or an
				acknowledgment of receipt, whether sworn or unsworn, by the party or parties
				upon whom service is required, or by an agent thereof.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.12 - Electronic filing and service

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Notwithstanding any provisions of this Chapter to the contrary including
				section 200.11 of this Part, the director
				or administrative law judge before whom a matter is pending may permit the
				electronic filing and electronic service of any or all pleadings or related
				documents by and upon a party to a proceeding if such party expressly so
				consents to electronic service in a form provided by the board. Such permission
				and consent must be on notice to all parties.
(b) Notwithstanding any provisions of this
				Chapter to the contrary including section
				200.11 of this Part, the
				chairperson, in consultation with the board, may generally authorize the
				electronic service and/or filing of any documents for any or all proceedings
				before it or before an administrative law judge provided that: such general
				authorization is posted on the board's website and such general authorization
				becomes effective no sooner than 60 days from the date of such posting;
				provision is made to permit unrepresented individuals to choose to file and
				receive all pleadings, memoranda, correspondence and any case-related
				information in paper form; and the board or its designees retain discretion in
				determining whether to grant the application of a party to file and serve in
				paper form due to hardship, inability to comply with the procedure, or other
				good cause shown.
(c) The term
electronic filing
, as used in this Chapter, shall mean a
				document submitted by means specified by the agency 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 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 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 200 - Definitions and General Provisions › Section 200.13 - 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 designated percentage of public employees in an
				  allegedly appropriate negotiating unit or a negotiating unit determined to be
				  appropriate, who support the filing of a petition or a motion to intervene. Any
				  showing of interest must be accompanied by a declaration of authenticity as set
				  forth in section
				  201.4(d) of this
				  Title. A showing of interest may also be used to determine whether an employee
				  organization is entitled to certification without an election pursuant to
				  section 201.8(c)(1) of
				  this Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				relates to all public employees except:
(1)
				employees employed by a government that has adopted procedures by local law,
				ordinance or resolution, pursuant to section 212 of the act, and with respect
				to which there is in effect a determination by the board that such provisions
				and procedures are substantially equivalent to the provisions and procedures
				set forth in the act and in pertinent rules with respect to the State (see Part
				203 of this Chapter); and
(2)
				employees covered by chapter 54 of the Charter and section 1173 specifically
				and title 12 generally of the Administrative Code of the City of New
				York.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.2 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A petition
				to investigate a question concerning representation of public employees under
				the act (hereinafter called a petition for certification), or a petition
				alleging that an employee organization which has been certified or is being
				currently recognized should be deprived of representation status as to all or
				part of a unit (hereinafter called a petition for decertification), may be
				filed by one or more public employees or any employee organization acting in
				their behalf, or by a public employer, provided that individual employees may
				not file a petition for certification.
(b) A petition may be filed at any time by a
				public employer or a recognized or certified employee organization to clarify
				whether a position is encompassed within the scope of an existing unit
				(hereinafter called a unit clarification petition), or to determine the unit
				placement of a position (hereinafter called a unit placement petition). The
				filing and processing of the petition shall be in accordance with sections
				201.5(c), (d),
				201.7,
				201.8(a) and (g),
				and 201.10 of this Part, and Part 212
				of this Title. Section
				201.4 of this Part shall not apply.
				In determining the unit placement of a position, the administrative law judge
				shall consider whether the placement would be consistent with the criteria set
				forth in section 207 of the act. The administrative law judge may decline to
				make any clarification or placement not otherwise consistent with the purposes
				or policies of the act. Exceptions to any determination of the administrative
				law judge may be filed pursuant to Part 213 of this Title.
(c) Petitions under this section shall be on
				a form prescribed by the board. In cases filed by paper filing, a signed
				original and four copies of the petition shall be filed with the director. In
				electronically filed cases, a signed paper original will be submitted in
				addition to the electronically filed petition. Prior to an administrative law
				judge issuing a decision, a petition may be withdrawn only with the consent of
				the director. After the issuance of a decision by the administrative law judge,
				the petition may be withdrawn only with the consent of the board. Whenever the
				director or the board, as the case may be, approves withdrawal of any petition,
				the case shall be closed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.4 - Showing of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				showing of interest shall be filed simultaneously with a petition or motion to
				intervene.
(b) In determining
				whether the evidence submitted to establish a showing of interest is timely,
				the director shall accept evidence of current membership. The director shall
				also accept 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 their submission. A showing of interest may consist of any
				combination of the foregoing evidence, membership lists, dues deduction
				authorizations. Designation cards shall be submitted in alphabetical order. The
				director may require that an alphabetized listing of the names of the
				signatories on individually signed and dated petitions be filed within a
				reasonable period of time after submission of the showing of interest
				petitions. If such an alphabetized listing is required, the person or persons
				filing the listing shall simultaneously file with the director a signed
				attestation that the listing sets forth only the names of the signatories on
				the showing of interest petitions.
(c) A determination by the director that a
				showing of interest is timely and that it is numerically sufficient is a
				ministerial act and cannot be reviewed by the board.
(d) A declaration of authenticity, signed and
				sworn to before any person authorized to administer oaths, shall be filed by
				the petitioner or, in the case of a motion to intervene, the movant, with the
				director simultaneously with the filing of the showing of interest. Such
				declaration shall contain the following:
(1)
				the name of the individual executing the declaration, and a statement of the
				declarant's authority to execute it; and
(2) a declaration that, upon the declarant's
				personal knowledge or upon the declarant's inquiries, the persons whose names
				appear on the evidence submitted have themselves signed such evidence on the
				dates specified thereon, and that the persons specified as current members are
				in fact current members and, that inquiry was made regarding their inclusion in
				the negotiating unit which is the subject of the representation petition. If
				the declaration is upon inquiries the declarant has made, and not upon the
				declarant's personal knowledge, the declarant shall specify the nature of those
				inquiries.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.5 - Contents of petition for certification; contents of petition for decertification; contents of petition to clarify existing unit or to determine unit placement of positions; response to petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A petition for certification shall
				contain the following:
(1) the name,
				affiliation, if any, and address of petitioner;
(2) the name and address of the public
				employer involved;
(3) a
				description of the negotiating unit which the petitioner claims to be
				appropriate;
(4) the names and
				addresses of any other employee organizations which claim to represent any
				public employees within the allegedly appropriate unit. If there is any
				contract covering public employees in such unit, petitioner shall specify the
				duration, the parties, and the unit involved in the contract, or attach a copy
				of the contract, and the date of the commencement of the fiscal year of the
				employer;
(5) the number of
				employees in the allegedly appropriate unit;
(6) if an employee organization, whether the
				showing of interest requirement, as set forth in sections 201.3 and
				201.4 of this Part, is
				met;
(7) if an employee
				organization is seeking to represent a unit of unrepresented employees, the
				date on which it asked the public employer for recognition;
(8) if an employee organization, an
				affirmation that petitioner and the employee organization, if any, with which
				it is affiliated does not assert the right to strike against any government, to
				assist or participate in any such strike, or to impose an obligation to
				conduct, assist or participate in such a strike; and
(9) a clear and concise statement of any
				other relevant facts.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.6 - Publication

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A public
				employer must publish notice of recognition in the following manner:
(1) posting such written notice in a
				conspicuous place at suitable offices of the public employer for not less than
				five working days;
(2) publishing
				such notice in a newspaper of general circulation in the area of the public
				employer for not less than one day;
(3) notifying every employee organization
				that has, in a written communication within one year preceding the recognition,
				claimed to represent any of the employees in the unit; and
(4) disseminating such notice to all
				employees by any electronic means of communication normally in use for
				communications between the public employer and its employees.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.7 - Notice of pending petitions

Current through Register Vol. 46, No. 28, July 10, 2024
Upon the filing of a petition under this Part, notice
				  thereof, including the date when such petition was filed, the name and address
				  of the petitioner, the name and address of the public employer involved, and
				  the unit claimed to be appropriate shall be maintained by an agent of the board
				  on a public docket to be kept by the board at its principal
				  office.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.8 - Investigation and election

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial review and processing.
(1) Investigation. After the filing of a
				petition, the director shall direct an investigation of all questions
				concerning representation, including, if applicable, whether the showing of
				interest requirement, as set forth in sections 201.3 and
				201.4 of this Part, has been
				satisfied; whether more than one employee organization seeks to represent some
				or all of the employees in the allegedly appropriate unit; and whether there is
				agreement among the parties as to the appropriateness of the proposed
				unit.
(2) Pre-hearing conference.
				The director may direct all parties to attend a pre-hearing conference pursuant
				to the procedures specified in Part 212 of this Title.
(3) Hearing. The director may direct that a
				hearing be conducted by an administrative law judge, in which event a notice of
				hearing specifying the time and place of the hearing shall be served upon the
				parties. The conduct of the hearing shall be in accordance with the procedures
				specified in Part 212 of this Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.9 - Employer applications for designation of persons as managerial or confidential

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Application; parties.
(1) An
				application by a public employer seeking a designation by the board of certain
				persons as managerial or confidential as defined in section
				201.7(a) of the
				act shall be on a form prescribed by the board for that purpose. Unless the
				board has mandated or permitted electronic filing with respect to such
				applications, an original and four copies of the application shall be filed
				with the director. Prior to the issuance of a decision by the administrative
				law judge pursuant to section
				201.10 of this Part, an application
				may be withdrawn only with the consent of the director. After the issuance of a
				decision by the administrative law judge, the application may be withdrawn only
				with the consent of the board. Whenever the director or the board, as the case
				may be, approves withdrawal of any application, the case shall be closed.
				Should the chairperson authorize electronic filing of applications, the filing
				of a paper original consistent with this section and electronic filing and
				service of a copy shall constitute compliance with the filing and service
				requirements herein contained.
(2)
				The parties are the applicant and the persons who are within any of the job
				titles which the public employer is seeking to have designated as managerial or
				confidential; provided, however, that if any such persons are represented by a
				recognized or certified employee organization, such employee organization is a
				party in their stead.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.10 - Decision by administrative law judge

Current through Register Vol. 46, No. 28, July 10, 2024
Upon completion of proceedings, the administrative law judge
				  shall issue a decision and submit the record of the case to the board. The
				  record shall include the petition or application, notice of hearing, motions,
				  rulings, orders, stenographic record 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 administrative law judge.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.11 - Exceptions to decision of administrative law judge; action by board

Current through Register Vol. 46, No. 28, July 10, 2024
Exceptions to a decision by an administrative law judge may
				  be filed pursuant to Part 213 of this Title.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.1 - Scope

Current through Register Vol. 46, No. 28, July 10, 2024
The following relates to public employees of a local
				  government which has acted through its legislative body pursuant to section
				  206.1 of the act and established an
				  impartial agency to administer procedures not inconsistent with section 207 of
				  the act and pertinent sections of this Chapter.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.2 - Petitions; filing

Current through Register Vol. 46, No. 28, July 10, 2024
A petition to review a question concerning the certification
				  of an employee organization under procedures established by a local government
				  pursuant to section
				  206.1 of the act (hereinafter
				  called a petition for review), may be filed by one or more public employees
				  within the affected negotiating unit or any employee organization acting in
				  their behalf, or by a public employer; provided, however, that individual
				  employees may not seek certification. Petitions under this section shall be in
				  writing and signed. An original and four copies of the petition shall be filed
				  with the director. Petition forms will be supplied by the board upon request,
				  or will be available on the agency's website. Should the chairperson authorize
				  electronic filing of petitions, the filing of a paper original consistent with
				  this section and electronic filing and service of a copy shall constitute
				  compliance with the filing and service requirements herein contained. Before
				  the submission of a case to the board pursuant to section
				  202.8 of this Title, the petition
				  may be withdrawn only with the consent of the director. After the submission of
				  a case to the board, the petition may be withdrawn only with consent of the
				  board. Whenever the director or the board, as the case may be, approves
				  withdrawal of any petition, the case shall be closed.
New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 202 - Procedure for the Review of Questions Concerning the Certification of Employee Organizations under Section 206.1 of the Act › Section 202.3 - Time for filing of petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				petition for review may be filed within 30 days after an impartial agency
				designated by a local government pursuant to section
				206.1 of the act has certified or
				decertified an employee organization, determined that no employee organization
				should be certified in an appropriate negotiating unit, or refused to decertify
				an employee organization.
(b) A
				petition for review which alleges that an impartial agency has not begun to
				process a petition expeditiously may be filed not less than 30 days after
				petitioner has filed a petition for certification or decertification with the
				impartial agency.