4 NYCRR 204.4

Expedited determinations

Source version current through Sep 23, 2026

Source details

Expedited determinations

(a)Immediately after the conference referred to in section 212.2 of Part 212 of this Chapter, and

if one or more of the parties has made a request that a dispute involving primarily a disagreement

as to the scope of negotiations under the act be processed expeditiously, or if the director shall

deem it appropriate to do so, the director shall so notify the board and transmit the papers to the

board. The board shall then inform the parties as to whether it will accord expedited treatment to

the matter. If the board determines that the matter will be expedited, it will also notify the

respondent of the due date for its answer, and the parties of the due date for briefs. The board

may also direct that oral argument be held before it, or that a hearing be held before the full

board, one of its members, or an administrative law judge. If the board determines that expedited

treatment will not be accorded, the matter will be handled in accordance with sections 204.2(b)

and 204.3 of this Part and Parts 212 and 213 of this Chapter.

(b)At the request of any party, or if the director shall deem it appropriate to do so, the director

shall, within a reasonable period of time after a conference, make a preliminary determination

whether a dispute presents an issue or issues of law relating to the scope of any duty of fair

representation allegedly owed by an employee organization to a non-member, or to any member

seeking to terminate membership in an employee organization, or related question. After such

preliminary determination, the director shall, upon determining that the matter warrants

expedited treatment, so notify the board and transmit the papers to the board. A determination by

the director that the matter does not warrant expedited treatment shall not be subject to review by

the board pursuant to Part 213. If the board determines that expedited treatment of the matter is

warranted, it will so inform the parties. The board will notify the parties of the due date for

briefs, and may also direct that oral argument be held before it, or that a hearing be held before

the full board, one of its members, or an administrative law judge. If the board determines that

expedited treatment will not be accorded, the matter will be remanded and processed in

accordance with sections 204.2(b) and 204.3 of this Part and Parts 212 and 213 of this Chapter.

(c)If a hearing is held:

(1)Any objections to the conduct of a hearing, including objections to the introduction of

evidence, may be oral or written, must be accompanied by a short statement of the

grounds for such objection, and shall be included in the record.

(2)There shall be no intermediate report from a board member or an administrative law

judge who may be assigned to hold the hearing. Upon the completion of the hearing, such

board member or administrative law judge shall transmit the record to the full board for a

determination without making any recommendations.