New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 204 - Improper Practices › Section 204.4 - Expedited determinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Immediately after the conference referred to in section
				212.2 of Part 212 of this Chapter,
				and if one or more of the parties has made a request that a dispute involving
				primarily a disagreement as to the scope of negotiations under the act be
				processed expeditiously, or if the director shall deem it appropriate to do so,
				the director shall so notify the board and transmit the papers to the board.
				The board shall then inform the parties as to whether it will accord expedited
				treatment to the matter. If the board determines that the matter will be
				expedited, it will also notify the respondent of the due date for its answer,
				and the parties of the due date for briefs. The board may also direct that oral
				argument be held before it, or that a hearing be held before the full board,
				one of its members, or an administrative law judge. If the board determines
				that expedited treatment will not be accorded, the matter will be handled in
				accordance with sections
				204.2(b) and
				204.3 of this Part and Parts 212
				and 213 of this Chapter.
(b) At the
				request of any party, or if the director shall deem it appropriate to do so,
				the director shall, within a reasonable period of time after a conference, make
				a preliminary determination whether a dispute presents an issue or issues of
				law relating to the scope of any duty of fair representation allegedly owed by
				an employee organization to a non-member, or to any member seeking to terminate
				membership in an employee or ganization, or related question. After such
				preliminary determination, the director shall, upon determining that the matter
				warrants expedited treatment, so notify the board and transmit the papers to
				the board. A determination by the director that the matter does not warrant
				expedited treatment shall not be subject to review by the board pursuant to
				Part 213. If t he board determines that expedited treatment of the matter is
				warranted, it will so inform the parties. The board will notify the parties of
				the due date for briefs, and may also direct that oral argument be held before
				it, or that a hearing be held before the full board, one of its members, or an
				administrative law judge. If the board determines that expedited treatment will
				not be accorded, the matter will be remanded and processed in accordance with
				sections 204.2(b) and
				204.3 of this Part and Parts 212
				and 213 of this Chapter.
(c) If a
				hearing is held:
(1) Any objections to the
				conduct of a hearing, including objections to the introduction of evidence, may
				be oral or written, must be accompanied by a short statement of the grounds for
				such objection, and shall be included in the record.
(2) There shall be no intermediate report
				from a board member or an administrative law judge who may be assigned to hold
				the hearing. Upon the completion of the hearing, such board member or
				administrative law judge shall transmit the record to the full board for a
				determination without making any
				recommendations.