N.Y. Comp. Codes R. & Regs. tit. 4 § 212.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 212.1 - Intervention

(a) One or more public employees, an employee organization acting in their behalf, or a public employer may be permitted to intervene in an improper practice charge or representation petition. The intervenor must file with the administrative law judge an original and four copies of a motion setting forth the grounds for the intervention, with proof of service of such motion on all other parties. Should the chairperson authorize electronic filing of motions, 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. Upon receipt of a motion to intervene, the administrative law judge shall set a schedule for the parties to respond to the motion.

(b) Unless filed by a public employer or by an employee organization that is the recognized or certified representative of employees in a unit claimed to be appropriate by one of the parties to the proceeding, a motion to intervene in an proceeding for certification and/or decertification shall be supported by a showing of interest of at least 30 percent of the employees in such a unit or in a unit alleged to be appropriate by the intervenor. The showing of interest shall comply with the requirements specified in section 201.4 of this Title.

(c) A motion to intervene filed by an employee organization which seeks certification shall be accompanied by the affirmation required by section 207.3(b) of the act.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 212.1

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff. 8/2/2017