Title 4 Part 200

Act; board

The term act, as used in this Chapter, shall mean the New York State Public Employees’ Fair

Employment Act, and the term board and agency shall each mean the New York State Public

Employment Relations Board, or any two members thereof.

Director; deputy chair; administrative law judge

The term director, as used in this Chapter, shall mean the agent of the board designated as

director of public employment practices and representation; the term deputy chair shall mean an

agent of the board so designated; the term administrative law judge as used in this Chapter shall

mean an agent of the board so designated and shall include the director and assistant director of

public employment practices and representation.

Director of Conciliation

The term director of conciliation, as used in this Chapter, shall mean the agent of the board so

designated.

Assistant Director

The term assistant director, as used in this Chapter, shall mean the agent of the board so

designated.

Counsel

The term counsel, as used in this Chapter, shall mean the agent of the board so designated.

Party

The term party, except as otherwise provided in this Chapter, shall mean any public employee,

employee organization or public employer filing a charge, petition or application under the act or

this Chapter; any public employee, employee organization or public employer named as a party

in a charge, petition or application filed under the act or this Chapter; or any other public

employee, employee organization or public employer whose timely motion to intervene in a

proceeding has been granted.

Impartial agency

The term impartial agency, as used in this Chapter, shall mean an agency or agent established or

designated by a local government pursuant to procedures established by its legislative body

under section 206.1 or section 212 of the act, which agency or agent shall be free from direction

by the local government involved and without predisposition or appearance of predisposition to

favor such local government or any employee organization in matters which come before it.

Certification

The term certification, as used in this Chapter, shall mean the designation of an employee

organization as negotiating representative of employees in an appropriate unit by the board or by

a local impartial agency established pursuant to section 206.1 or section 212 of the act.

Recognition

The term recognition, as used in this Chapter, shall mean the designation of an employee

organization as negotiating representative of employees in an agreed-upon unit by a government

not acting through an impartial agency pursuant to section 206.1 or section 212 of the act.

Computing time

legal holiday.

direction, the day of the act, event, or default after which the designated period of time begins to

run shall not be included. The last day of the period so computed shall be included, unless it falls

on a Saturday, a Sunday, or a legal holiday, in which event the period shall run to the next

working day.

Filing; service

delivery to the board or an agent thereof, or the act of mailing to the board, or deposit of the

papers enclosed in a properly addressed wrapper into the custody of an overnight delivery

service for overnight delivery, before the latest time designated by the overnight delivery service

for overnight delivery.

mean delivery to a party or the act of mailing to a party, or deposit of the papers enclosed in a

properly addressed wrapper into the custody of an overnight delivery service for overnight

delivery, before the latest time designated by the overnight delivery service for overnight

delivery. Personal service is complete upon delivery. Service by mail or by overnight delivery is

complete at the time of sending. Except as otherwise directed by the board or one of its

designees, where a paper described in this Chapter is served by regular mail, the due date of any

response will have five calendar days added to the time specified in this Chapter. In the case of

service by overnight delivery, an additional day will be added to any prescribed time in which

any responsive pleadings, papers, or other required act triggered by the service is calculated.

overnight delivery to any address in the state.

or any of its agents was delivered to all other parties or other mandated recipients as required by

these rules or by the Act. Proof of service shall consist of an affirmation by the individual who

served the document, specifying the document served, the person or persons upon whom it was

served, and the means by which it was served. Such affirmation shall be signed and shall state “I

affirm under penalties of perjury under the laws of New York, which may include a fine or

imprisonment, that the foregoing is true, and I understand that this document will be filed in a

proceeding before the Public Employment Relations Board and may be filed in an action or

proceeding in a court of law.” Proof of service may also take the form of a United States Postal

Service tracking receipt or report, or by other United States Postal Service issued document

establishing the date of mailing, the identity and address of the recipients, or an acknowledgment

of receipt, whether sworn or unsworn, by the party or parties upon whom service is required, or

by an agent thereof.

Electronic filing and service

may be submitted electronically. Instructions for electronic filing shall be available on the

board’s website. Parties wishing to file and receive pleadings, memoranda, correspondence and

any case-related information in paper form must file an application with the board. Such

application will only be granted if the party demonstrates hardship, inability to comply with the

procedure, or other good cause. Application forms shall be available on the board’s website.

specified by the agency on its website. Such documents shall be: (i) in a format that can be read

using software that is readily available and is in widespread use by government, businesses, and

individuals; and (ii) electronically searchable unless the party providing the document certifies in

a written attachment to document served and/or in any required proof of service that it does not

have the capacity to produce a searchable file.

designated for service by electronic mail to a party sent to an electronic mail address designated

by the recipient. Electronic service is deemed complete upon sending unless an error message or

other notification that the served document has not been successfully dispatched or received is

returned, in which case the service is null and void.

Showing of interest

The term showing of interest, as used in this Chapter, shall mean a designated percentage of

public employees in an allegedly appropriate negotiating unit or a negotiating unit determined to

be appropriate, who support the filing of a petition or a motion to intervene. Any showing of

interest must be accompanied by a declaration of authenticity as set forth in section 201.4(d) of

the chapter. A showing of interest may also be used to determine whether an employee

organization is entitled to certification without an election pursuant to section 201.8(c)(1) of this

Chapter.

Affirmations

Any affirmation submitted pursuant to these rules shall be signed and shall state “I affirm under

penalties of perjury under the laws of New York, which may include a fine or imprisonment, that

the foregoing is true, and I understand that this document will be filed in a proceeding before the

Public Employment Relations Board and may be filed in an action or proceeding in a court of

law.” The board will prescribe forms consistent with this section. Any requirement in this

Chapter for an affirmation may alternatively be satisfied by submitting a writing signed and

sworn to before any person authorized to administer oaths.