New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD
Part 204 - Improper Practices
Section 204.2 - Initial processing by director
Universal Citation: 4 NY Comp Codes Rules and Regs ยง 204.2
Current through Register Vol. 46, No. 52, December 24, 2024
(a) Initial review.
(1) After a charge is filed, the director
shall conduct a review of the charge to determine whether the facts as alleged
may constitute an improper practice as set forth in section 209-a of the act.
If the director determines that the facts as alleged do not, as a matter of
law, constitute a violation, or that the charge as pleaded is not timely, the
director may dismiss it subject to review by the board under Part 213 of this
Chapter; alternatively, the director may permit the party to amend the charge
to cure such deficiency in the charge. If the deficiency is not cured, the
director may dismiss the charge or deem the charge, or any part thereof,
withdrawn.
(2) Notice of
conference. Except where subdivision (b) of this section is applicable, a
notice of conference pursuant to Part 212 of this Chapter shall be prepared by
the director or a designated administrative law judge 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.
(b) Scope of negotiations cases.
If, upon review of the charge, the director determines that it involves primarily a dispute between the parties as to the scope of negotiations under the act, the director or an assigned administrative law judge shall forthwith schedule a conference for the purpose of inquiring further into the matter. Such an administrative determination is a ministerial act and will not be reviewed by the board.
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