Title 4 Part 213

Scope

This Part applies to exceptions and motions for leave to file exceptions to the board to decisions,

reports, orders, rulings or other appealable findings or determinations of the director, the director

of conciliation, an assistant director or an administrative law judge.

Exceptions

of conciliation, an assistant director or administrative law judge, a party may file with the board a

statement in writing setting forth exceptions thereto or to any other part of the record or

proceedings and a separate brief in support thereof, along with proof of service on all other

parties. Exceptions and supporting briefs shall be filed electronically. Instructions for electronic

filing shall be available on the board’s website.

determinations to which exceptions are taken;

waived.

properly pled.

Cross-exceptions; responses; replies

Within seven working days after receipt of exceptions, any party may file a response thereto, or

cross exceptions and a brief in support thereof, together with proof of service of copies of these

documents upon each party to the proceeding. Responses and cross exceptions shall be filed

electronically. Within seven working days after receipt of cross exceptions, any party may file a

response thereto, together with proof of service of a copy thereof upon each party. No pleading

other than exceptions, cross-exceptions or a response thereto and no brief other than that filed in

support of such pleading will be accepted or considered by the board unless it is requested by the

board or filed with the board’s authorization. If any additional pleading or brief is requested or

authorized by the board, the board shall notify the parties regarding the conditions under which

that pleading will be permitted.

Motions for leave to file interlocutory exceptions in extraordinary circumstances

with section 212.4(d) of this Chapter, file with the board a motion seeking leave to file

interlocutory exceptions to such interim decision, order or ruling. A brief in support thereof shall

be filed simultaneously as a separate document. A motion seeking leave to file interlocutory

exceptions shall be filed electronically. A copy of the motion and briefs shall be served

simultaneously upon all other parties and proof of such service shall be filed with the board.

exceptions which shall include the factual, legal and/or policy reasons why leave should

be granted;

this Part; and

record.

the board so designated shall review the motion to determine whether it complies with section

213.4(a) and (b) of this Part.

Responses to motions for leave to file exceptions

Within five working days after notification from the deputy chair or other agent of the board so

designated that the motion for leave will be considered by the board, any other party may file a

response and brief in opposition as a separate document. A response and supporting brief shall be

filed electronically. A copy of the response and brief shall be served simultaneously upon all

other parties and proof of such service shall be filed with the board.

Board action on motion for leave to file exceptions

denial of a motion for leave shall not preclude a party from filing an exception from a final

determination by the director, the director of conciliation, an assistant director or administrative

law judge.

the filing of exceptions, cross-exceptions, responses and briefs.

Request for extension of time

A request for an extension of time within which to file exceptions, motions for leave to file

exceptions, cross-exceptions, responses and briefs shall be in writing, and filed with the board

before the expiration of the required time for filing them, provided that the time during which to

request an extension of time may be extended because of extraordinary circumstances. A party

requesting an extension of time shall notify all parties of its request and shall indicate to the

board the position of each other party with regard to such request. Requests for an extension of

time shall be filed electronically.

Oral argument

If a party desires to argue orally before the board, a written request with reasons therefor shall

accompany the exceptions, the response thereto, or the cross exceptions and be prominently

displayed on the first page of the party’s papers. The board may grant such a request; it may also

direct oral argument on its own motion.

Amicus curiae procedure

briefs on a legal and/or policy issue in a pending matter before the board. The notice shall

set the schedule for the filing of such briefs as well as the filing of supplemental briefs by

the parties.

file a motion for leave along with a proposed brief with proof of service of one copy on

each party. Motions and proposed briefs shall be filed electronically.

identify legal or policy arguments under the act that might otherwise escape the board or

that may provide assistance to the board in some other manner.

motion with proof of service on the other parties consistent with the schedule for the

motion as set by the board. Papers shall be filed electronically.

for the parties to respond to the motion.

the manner and time frame set forth by the board in its order granting the motion.

Final board action

ruling, finding or determination to which exceptions have been filed.

finding or other determination, or any part thereof, other than that made in a proceeding under

Parts 203 or 206 of this Chapter, will be final, except that the board may, on its own motion,

decide to review the remedial action recommended under an improper practice charge within 20

working days after receipt by the parties of the decision and recommended order. A remedial

order of an administrative law judge in an improper practice charge that is not, or is no longer,

subject to review by the board as provided in this Part, shall be deemed to be a final order of the

board for purposes of enforcement proceedings under section 213 of the act.

board under the following circumstances:

reconsideration with the board within five calendar days following the date of receipt of

the final decision or order. The party shall state with specificity the grounds claimed and,

where applicable, shall specify the page of the record relied upon. A copy of the request

shall have been actually served upon each party of record prior to filing the request. Proof

of actual service upon each party shall accompany the request. Any other party shall have

three calendar days from actual service to file a response with the board. “Actual service”

as used in this Part, means actual receipt by the party or the party’s agent.

effectiveness of the decision or order of the board for any purpose including but not

limited to those of section 213 of the act unless otherwise ordered by the board.

Enforcement of board orders

provided by section 213 of the act if the party or parties against whom the order was issued

refuses or has failed to comply with the board’s order, provided that such order is not, or is no

longer, subject to judicial review pursuant to section 213 of the act.

with the office of counsel electronically. Any request for enforcement must state the reason(s)

why a judicial order of enforcement is necessary, supported by affirmations of persons with

personal knowledge of the facts set forth therein, attesting to the alleged refusal or failure to

comply with the remedial order. Such affirmations 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 also be filed in an action or proceeding in a court

of law.” Said request and supporting affirmations shall be accompanied by proof of service on all

other parties before the board.

board may file with the office of counsel a written response to the request for enforcement

stating why enforcement is not necessary, supported by affirmations of persons with personal

knowledge of the facts set forth therein. Such affirmations 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.” Said response and supporting affirmations shall be accompanied

by proof of service on all other parties before the board.

board, by its office of counsel, will determine whether a petition for a judicial order of

enforcement pursuant to section 213 of the act should be commenced.