Title 4 Part 206

Scope

The following relates to all public employment except by a government that has adopted

procedures by local law, ordinance or resolution pursuant to section 212 of the act and with

respect to which there is in effect a determination that such provisions and procedures are

substantially equivalent to the provisions and procedures set forth in the act and in pertinent rules

with respect to the State.

Filing of charge

encouraging or condoning a strike may be filed by the chief legal officer of the government

involved or counsel for the board on its own motion. A charge shall be filed electronically with

the board at its Albany office. Instructions for filing electronically shall be available on the

board’s website. Such a charge shall be in writing and signed and shall contain a signed

affirmation stating, “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.” A strike charge shall be filed with the board with

proof of service upon the employee organization respondent, and, if the charging party is counsel

for the board, such counsel shall simultaneously deliver a copy of the charge to the chief legal

officer of the government involved. Charge forms shall be available on the agency’s website.

party in any proceeding initiated by the other pursuant to section 212.1 of this chapter.

Contents of the charge

A charge shall contain the following:

Notice of hearing

After receipt of a charge filed by the chief legal officer of a government involved or counsel for

the board, the board shall issue to the parties a notice setting forth the time and place of the

hearing, which time shall be not less than eight working days after the receipt of the notice.

Answer

answer, with proof of service of a copy on all other parties within eight days after receipt of a

copy of the charge; or, if consent for alternative service has been given by the charging party, it

shall be the responsibility of the employee organization to notify the board of the same.

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.”

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. Allegations of any facts in the answer shall be deemed

denied without the necessity of a reply.

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.

Hearing

The board may designate an administrative law judge to conduct a hearing pursuant to Part 212

of this Chapter.

Submission to the board

judge shall submit the case, including his or her report and recommendations, to the board. The

record shall include the charge, notice of hearing, motions, rulings, orders, stenographic report of

the hearing, stipulations, exceptions, documentary evidence and any brief or other documents

submitted by the parties. The board shall cause the report and recommendations of the

administrative law judge to be delivered to all parties to the proceeding. Exceptions to the report

and recommendations may be filed pursuant to Part 213 of this Chapter.

disposition of the matter as it deems appropriate in accordance with section 210.3(f) of the act.