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 252.5 - Charge; amendment and withdrawals

Universal Citation: 12 NY Comp Codes Rules and Regs ยง 252.5
Current through Register Vol. 46, No. 39, September 25, 2024

The director of PEPR or hearing officer designated by the director of PEPR may permit a charging party to amend the charge before, during, or after the conclusion of the hearing upon such terms as may be deemed just and consistent with due process. The charge may be withdrawn by the charging party before the issuance of the dispositive decision and order based thereon upon approval by the director of PEPR. Thereafter, the unfair labor practice proceeding may be discontinued only with the approval of the board. Requests to the director of PEPR to withdraw an unfair labor practice charge or to the board to discontinue an unfair labor practice proceeding will be approved unless to do so would be inconsistent with the purpose and policies of SERA or due process of law. Whenever the director of PEPR approves the withdrawal of a charge, or the board approves the discontinuation of a proceeding, the case will be closed without consideration or review of any of the issues raised by the charge.

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