Title 4 Part 202 NYCRR — browse free

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Compiled text through Jan 31, 2026Register checked through July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)

All 8 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

4 NYCRR 202.1 - Scope

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

The following relates to public employees of a local government which has acted through its legislative body pursuant to section 206.1 of the act and established an impartial agency to administer procedures not inconsistent with section 207 of the act and pertinent sections of this Chapter.

4 NYCRR 202.2 - Petitions; filing

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

A petition to review a question concerning the certification of an employee organization under procedures established by a local government pursuant to section 206.1 of the act (hereinafter called a petition for review), may be filed by one or more public employees within the affected negotiating unit or any employee organization acting in their behalf, or by a public employer; provided, however, that individual employees may not seek certification. Petitions under this section shall be in writing and signed. An original and four copies of the petition shall be filed with the director. Petition forms will be supplied by the board upon request, or will be available on the agency’s website. Should the chairperson authorize electronic filing of petitions, the filing of a paper original consistent with this section and electronic filing and service of a copy shall constitute compliance with the filing and service requirements herein contained. Before the submission of a case to the board pursuant to section 202.8 of this Title, the petition may be withdrawn only with the consent of the director. After the submission of a case to the board, the petition may be withdrawn only with consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any petition, the case shall be closed.

4 NYCRR 202.3 - Time for filing of petitions

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)A petition for review may be filed within 30 days after an impartial agency designated by a local government pursuant to section 206.1 of the act has certified or decertified an employee organization, determined that no employee organization should be certified in an appropriate negotiating unit, or refused to decertify an employee organization.

(b)A petition for review which alleges that an impartial agency has not begun to process a petition expeditiously may be filed not less than 30 days after petitioner has filed a petition for certification or decertification with the impartial agency.

4 NYCRR 202.4 - Contents of petition for review

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Dates and status

Compiling agency: Department of Civil Service
Text status: Phase2b Dequote Reversal
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: May 19, 2026

A petition for review shall contain the following:

(a)The name, affiliation, if any, and address of petitioner.

(b)The name and address of the public employer involved.

(c)A summary of the proceedings, if any, before the impartial agency established under section 206.1 of the act, including copies of the petition and other documents filed in such proceedings or issued by the impartial agency.

(d)A clear and concise statement of the grounds for alleging that the procedures established by the local public employer are not consistent with the provisions of sections 206.1 and 207 of the act and pertinent sections of this Chapter, or that the decision of the impartial agency is repugnant to the act and pertinent sections of this Chapter.

(e)A statement that the matter is not subject to section 212 of the act.

(f)If petitioner is seeking certification:

(1)an affirmation that petitioner does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike;

(2)a description of the negotiating unit which petitioner claims to be appropriate;

(3)the number of employees in the allegedly appropriate unit;

(4)whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met;

(5)the date upon which petitioner asked the public employer for recognition; and

(6)the names and addresses of any other employee organizations which claim to represent any public employees within the allegedly appropriate unit. If there is any contract covering the public employees in such unit, petitioner shall specify the duration, the parties and the unit included in the contract, or attach a copy of the contract.

(g)If the petitioner is seeking decertification:

(1)the name or names of the employee organization(s) which have been certified or are currently being recognized by the public employer and which claim to represent the employees in the unit involved, and the expiration date of any contract covering such employees;

(2)the grounds upon which decertification or revocation of recognition is sought;

(3)a description of the unit including the number of employees;

(4)if an employee organization, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met; and

(5)whether the employee organization(s) which have been certified have engaged in a strike or have caused, instigated, encouraged or condoned a strike against any government.

(h)A clear and concise statement of any other relevant facts.

4 NYCRR 202.5 - Intervention

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Intervention is permitted in accordance with the procedures specified in section 212.1 of this Chapter.

4 NYCRR 202.7 - Investigation and hearing

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(a)The director shall direct an investigation of questions raised by the petition including, if applicable, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, has been met. The investigator shall also consider whether the procedures established by the local public employer are consistent with the provisions of sections 206.1 and 207 of the act and pertinent sections of this Chapter, and whether the decision of the impartial agency is repugnant to the act and pertinent sections of this Chapter.

(b)The director may direct that a hearing be conducted by an administrative law judge, in which event the procedures shall be those specified in Part 212 of this Title.

4 NYCRR 202.8 - Decision by administrative law judge

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Upon completion of the proceedings, the administrative law judge shall issue a decision and submit the record of the case to the board, as specified in section 201.10 of this Title.

4 NYCRR 202.9 - Exceptions to decision of administrative law judge; action by the board

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Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

Exceptions to a decision of the administrative law judge and final action by the board shall be as set forth in section 201.11(a) and Part 213 of this Title.

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