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. 39, September 25, 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dismiss the charge with a written explanation of the grounds for the dismissal or deem the charge, or any part thereof, withdrawn.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.
