N.Y. Comp. Codes R. & Regs. tit. 4 § 204.1
Current through Register Vol. 46, No. 45, November 2, 2024
(a)Filing of charge.(1) An original and four copies of a charge that any public employer or its agents, or any employee organization or its agents, has engaged in, or is engaging in, an improper practice may be filed with the director by one or more public employees or any employee organization acting in their behalf, or by a public employer, within four months of when the charging party first knew, or reasonably should have known, of the alleged improper practice. Should the chairperson authorize electronic filing of such charge, the filing of a signed 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) If the facts constituting the alleged improper practice are also alleged to support a claim by an employee organization that a public employer or its representatives engaged in such acts of extreme provocation as to detract from the responsibility of the employee organization for a strike, then the charge may not be filed after the date on which the employee organization is required to file its answer to the strike charge pursuant to section 206.5 of this Chapter.(3) The charge shall be in writing on a form prescribed by the board and shall be signed and sworn to before any person authorized to administer oaths.(b)Contents of charge.The charge shall include the following:
(1) the name, address and affiliation, if any, of the charging party, and the title of any representative filing the charge;(2) the name and address of the respondent or respondents and any other party named therein;(3) a clear and concise statement, preferably in numbered or lettered paragraphs, of the facts constituting the alleged improper practice, including the names, and, where known or relevant, the titles and work locations of the individuals involved in the alleged improper practice; the date and the place of the occurrence of each particular act alleged; and the subsections of section 209-a of the act alleged to have been violated. Evidentiary exhibits may be attached but will not relieve the charging party of the requirement to provide sufficient factual particulars as set forth herein;(4) if the charge alleges a violation of section 209-a.1(d) or section 209-a.2(b) of the act, whether the charging party has notified the board in writing of the existence of an impasse pursuant to section 205.1 of this Chapter; and(5) a statement that the charging party is available to participate in the prehearing conference and the formal hearing immediately.(c)Scope of negotiations cases.Where the primary basis of the dispute between the parties is alleged to be a disagreement as to the scope of negotiations under the act, either party may request of the director or an assigned administrative law judge that the matter be accorded expedited treatment.
(d)Amendments.The director or administrative law judge designated by the director may permit a charging party to amend the charge upon good cause shown before, during or after the conclusion of the hearing upon such terms as may be deemed just and consistent with due process.
(e)Withdrawals.A charge may be withdrawn by the charging party before issuance of a decision and recommended order based thereon upon approval by the director. Thereafter, a charge may be withdrawn only with the approval of the board. Requests to the director to withdraw a charge or to the board to withdraw a charge will be approved unless to do so would be inconsistent with the purposes and policies of the act or due process of law. Whenever the director approves the withdrawal of a charge, or the board approves the withdrawal of the charge, the case will be closed without consideration or review of any of the issues raised by the charge.
N.Y. Comp. Codes R. & Regs. Tit. 4 § 204.1
Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff. 8/2/2017