New York Codes, Rules and Regulations
Title 12 - DEPARTMENT OF LABOR
Chapter IV - Resolution of Labor Disputes
Subchapter A - Labor Relations Board
Part 253 - GENERAL PROVISIONS RELATING TO ALL NON-FLFLPA PROCEEDINGS
Conferences and Hearings
Section 253.23 - Motions for leave to file interlocutory exceptions in extraordinary circumstances

Universal Citation: 12 NY Comp Codes Rules and Regs § 253.23

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Within ten working days after receipt of any interim decision, order or ruling, a party may, consistent with section 253.22 of this Part, file with the board electronically (see section 250.11 of this Title) a motion seeking leave to file interlocutory exceptions to such interim decision, order, or ruling. An original and three copies of a brief in support thereof shall be filed simultaneously as a separate document. A copy of the motion and briefs shall be served simultaneously upon all other parties and proof of such service shall be filed with the board.

(b) The motion for leave to file interlocutory exceptions shall:

(1) identify the alleged extraordinary circumstances warranting the grant of leave to file exceptions which shall include the factual, legal, and/or policy reasons why leave should be granted;

(2) contain the proposed exceptions that shall meet the requirements of section 253.22 of this Part; and

(3) attach copies of pleadings, the decision, order, or ruling and relevant excerpts from the record.

(c) Initial review. After a motion for leave to file exceptions is filed, the deputy chair or agent of the board so designated shall review the motion to determine whether it complies with section 253.23(a) and (b) of this Part.

(d) Responses to motions for leave to file exceptions: Within five working days after notification from the deputy chair or other agent of the board so designated that the motion for leave will be considered by the board, any other party may file electronically (see section 250.11 of this Title) a response and brief in opposition as a separate document. A copy of the response and brief shall be served simultaneously upon all other parties and proof of such service shall be filed with the board.

(e) Board action on motion for leave to file exceptions: The board may grant or deny a motion for leave to file exceptions in a non-final decision. The denial of a motion for leave shall not preclude a party from filing an exception from a final determination by the director of PEPR, the director of conciliation, an assistant director, or hearing officer.

(f) Upon the grant of a motion for leave to file exceptions, the board shall issue a schedule for the filing of exceptions, cross-exceptions, responses, and briefs.

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