Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Filing of application.
A party filing an improper practice charge pursuant to Part
204 of this Chapter may apply to the board for injunctive relief pursuant to
section 209-a.4 of the act by filing with the office of counsel at the board's
Albany office either by electronic mail, or by filing an original and two
copies of a signed application for injunctive relief. An application filed by
mail or overnight delivery service shall be filed in an envelope or container
prominently bearing the legend "INJUNCTIVE RELIEF APPLICATION" in capital
letters on its front. An application that is filed by electronic mail at an
address designated by the board for such purpose and published on the agency's
website shall state in the subject line "APPLICATION FOR INJUNCTIVE
RELIEF."
(b)
Application form.
The application shall be filed on a form prescribed by the
board which shall give notice of the right to respond pursuant to section
204.8 of this Part. The application
form shall include the following:
(1)
the name, address, telephone number, electronic mail address, fax number, and
affiliation, if any, of the charging party;
(2) the name, title, address, telephone
number, electronic mail address, and fax number of any representative filing
the application on behalf of the charging party;
(3) the name, title, address, telephone
number, electronic mail address, and fax number of any attorney or other
representative who will represent the charging party during the processing of
the application, if different from the representative named in response to
paragraph (2) of this subdivision;
(4) the name, address, electronic mail
address if known, and telephone number of any public employer or employee
organization named as a party to the improper practice charge;
(5) the date when the improper practice
charge was filed; and
(6) the case
number of the improper practice charge, if available.
(c)
Additional contents of
application.
The charging party shall attach to the application form the
following documents:
(1) a copy of the
improper practice charge;
(2) an
affidavit or affidavits stating, in a clear and concise manner:
(i) those facts personally known to the
deponent that constitute the alleged improper practice, the date of the alleged
improper practice, the alleged injury, loss, or damage arising from it, and the
date when the alleged injury, loss, or damage occurred or will occur;
and
(ii) why the alleged injury,
loss, or damage is immediate, irreparable, and will render a resulting
judgement on the merits of the improper practice charge ineffectual if
injunctive relief is not granted by the court, and why there is a need to
maintain or return to the status quo in order for the board to provide
meaningful relief. If filed electronically, the affidavit or affidavits shall
be in searchable format and shall not be scanned copies of the original
documents;
(3) copies of
any documentary evidence in support of the application;
(4) proof that a copy of the completed
application for injunctive relief and all supporting documents was delivered to
the respondent's chief legal officer in an envelope bearing the legend
"ATTENTION: CHIEF LEGAL OFFICER" in capital letters on its front, and the
method and date that such delivery was made, and proof of service on all other
parties to the charge. If delivery to the respondent's chief legal officer is
not by electronic mail or personal service, proof of delivery must establish
when the respondent's chief legal officer actually received the completed
application and all supporting documents. Delivery by facsimile or by
electronic mail will not be accepted, unless the charging party provides a
written acknowledgment from the respondent's chief legal officer that such
officer accepts delivery by that means, and when such officer received the
completed application and all supporting documents; and
(5) charging party may file, at its option, a
memorandum of law in support of the application for injunctive relief. If filed
electronically, the application for injunctive relief shall be in searchable
format and shall not be scanned copies of the original documents.
