4 NYCRR 204.1

Charge

agents, has engaged in, or is engaging in, an improper practice may be filed with the

director by one or more public employees or any employee organization acting in their

behalf, or by a public employer, within four months of when the charging party first

knew, or reasonably should have known, of the alleged improper practice.

claim by an employee organization that a public employer or its representatives engaged

in such acts of extreme provocation as to detract from the responsibility of the employee

organization for a strike, then the charge may not be filed after the date on which the

employee organization is required to file its answer to the strike charge pursuant to

section 206.5 of this Chapter.

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.”

representative filing the charge;

therein;

facts constituting the alleged improper practice, including the names, and, where known

or relevant, the titles and work locations of the individuals involved in the alleged

improper practice; the date and the place of the occurrence of each particular act alleged;

and the subsections of section 209 a of the act alleged to have been violated. Evidentiary

exhibits may be attached but will not relieve the charging party of the requirement to

provide sufficient factual particulars as set forth herein;

whether the charging party has notified the board in writing of the existence of an

impasse pursuant to section 205.1 of this Chapter; and

conference and the formal hearing immediately.

alleged to be a disagreement as to the scope of negotiations under the act, either party may

request of the director or an assigned administrative law judge that the matter be accorded

expedited treatment.

shown at any time prior to the issuance of the administrative law judge’s decision and

recommended order, upon such terms as may be deemed just and consistent with due process.

The motion shall include a statement of good cause to justify the amendment, a proposed

amended charge, and proof of service upon all other parties. A respondent may file a response to

the motion within five working days after its receipt thereof, with proof of service of the

response on all other parties.

and recommended order based thereon upon approval by the director. Thereafter, a charge may

be withdrawn only with the approval of the board. Requests to the director to withdraw a charge

or to the board to withdraw a charge will be approved unless to do so would be inconsistent with

the purposes and policies of the act or due process of law. Whenever the director approves the

withdrawal of a charge, or the board approves the withdrawal of the charge, the case will be

closed without consideration or review of any of the issues raised by the charge.