New York Codes, Rules and Regulations
Title 4 - DEPARTMENT OF CIVIL SERVICE
Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD
Part 206 - Strikes against Public Employers
Section 206.5 - Answer
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The employee organization against whom the charge is issued shall file in the same manner as the petition an answer, with proof of service of a copy on all other parties, by such means as the petition was served, within eight days after receipt of a copy of the charge.
(b) The answer shall be in writing and signed.
(c) The answer shall contain a specific denial of each allegation of the charge contravened by the public employee organization, or of any knowledge or information thereof sufficient to form a belief. An allegation of the charge not specifically denied in the answer, unless the party affirms that it is without knowledge or information thereof sufficient to form a belief, shall be deemed admitted and may be so found by the board. The answer shall also contain a statement of the facts constituting the grounds of defense. Allegation of any facts in the answer shall be deemed denied without the necessity of a reply.
(d) If the party against whom the charge is issued fails to file an answer within the time or in compliance with the manner herein provided, such failure shall constitute an admission of the material facts alleged in the charge and an admission that the party violated subdivision (1) of section 210 of the act. Such failure shall also constitute a waiver of any claims which the party must raise by its answer under paragraph (f) of subdivision (3) of section 210 of the act. Upon such failure, a hearing shall be held only for the purpose of fixing the duration of the forfeiture.
