Title 4 Part 210

Petition; filing

one copy of a petition for a declaratory ruling with respect to the applicability of the act to it or

any other person, employee organization or employer, or with respect to the scope of

negotiations under the act. The petition shall be in writing on a form provided by the director and

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.”

representative filing the petition;

including a full disclosure of the petitioner’s interest;

a statement whether such question is the subject of a charge brought under Part 204 of

this Chapter;

whose interests are reasonably likely to be affected by the ruling; and

Processing by the director

ruling would be in the public interest as reflected by the policies underlying the act. If the

director or administrative law judge determines that it would not, he or she shall dismiss the

petition. Such dismissal shall merely constitute a refusal to issue a declaratory ruling, and not the

denial of any position proposed by the petitioner. Such a decision to refuse to issue a declaratory

ruling may be made at any stage of the proceeding.

employee organizations or public employers, in addition to those listed in the petition, whom the

director or administrative law judge deems to have interests that are reasonably likely to be

affected by the ruling, together with a notice that they may at their option, become parties to the

proceeding by filing in the same manner as the petition was filed a response to the petition within

10 working days from their receipt thereof. Such response may challenge any of the allegations

in the petition and, whether or not petitioner has done so, it may propose a ruling.

and Part 212 of this Chapter, except that the director or administrative law judge shall issue a

decision, which may be reviewed pursuant to part 213 of this Chapter.