4 NYCRR 201.9

Employer applications for designation of persons as managerial or confidential

persons as managerial or confidential as defined in section 201.7(a) of the act shall be on

a form prescribed by the board for that purpose and shall be filed with the director. Prior

to the issuance of a decision by the administrative law judge pursuant to section 201.10 of

this Part, an application may be withdrawn only with the consent of the director. After the

issuance of a decision by the administrative law judge, the application may be withdrawn

only with the consent of the board. Whenever the director or the board, as the case may,

be approves withdrawal of any application, the case shall be closed.

which the public employer is seeking to have designated as managerial or confidential;

provided, however, that if any such persons are represented by a recognized or certified

employee organization, such employee organization is a party in their stead.

that with respect to any persons who are in a unit for which an employee organization has been

recognized or certified, only one application which has been processed to completion may be

filed during a period of unchallenged representation status.

section, notice thereof, including the date when such application was filed with the director, shall

be served by the public employer upon each of the persons who are within any of the job titles

which the public employer is seeking to have designated as managerial or confidential, and upon

any employee organization which has been recognized or certified to represent any of them.

or confidential, and the number of persons in each job title;

by a recognized or certified employee organization or whether an employee organization

is presently seeking to represent the persons occupying any of these job titles and the

name of the employee organization;

managerial or confidential, the public employer shall specify the duration, the parties, and

the unit involved in the contract;

the designation of any of these job titles as managerial or confidential;

persons who are within any of the job titles which it is alleged are managerial or

confidential, and to any employee organization which has been recognized or certified to

represent any of them; and

identify job duties performed which allegedly form the basis for the designation sought.

shall file with the director within 10 working days after receipt of a copy of the application from

the director, a response to the application containing a signed declaration of its truthfulness by an

identified representative of the responding party, with proof of service of a copy thereof upon all

other parties. The response shall include a specific admission, denial or explanation of each

allegation made by the applicant and a clear and concise statement of any other facts which may

bear on the application. If a responding party objects to the processing of an application on the

ground that it was filed earlier than the time provided in subdivision (b) of this section, the

response shall include a specific, detailed statement of why the application is untimely. Such

objection to the processing of the application, if not duly raised, may be deemed waived.

pursuant to section 201.10 of this Part, an application may be withdrawn only with the consent of

the director. After the issuance of a decision by the administrative law judge, the application may

be withdrawn only with the consent of the board. Whenever the director or the board, as the case

may be, approves withdrawal of any application, the case shall be closed.

questions raised by the application.

pursuant to the procedures specified in Part 212 of this Chapter.

of hearing specifying the time and place for the hearing shall be served on the parties. The

conduct of the hearing shall be in accordance with the procedures specified in Part 212 of this

Chapter.