4 NYCRR 204.7

Application for injunctive relief

Chapter may apply to the board for injunctive relief pursuant to section 209-a.4 of the act by

filing with the office of counsel at the board’s Albany office either by electronic or hardcopy

mail. The post office and electronic mailing addresses designated by the board for the purpose of

filing an application for injunctive relief are published on the agency’s website. To file by

electronic mail, a party shall file a signed application for injunctive relief with the email address

designated by the board for such purpose. To file by hardcopy mail, a party shall file an original

signed application by mail or overnight delivery service, which shall be filed in an envelope or

container prominently bearing the legend “INJUNCTIVE RELIEF APPLICATION” in capital

letters on its front. An application that is filed by electronic mail at an address designated by the

board for such purpose and published on the agency’s website shall state in the subject line

“APPLICATION FOR INJUNCTIVE RELIEF.” An application, in any format, received by the

office of counsel after 5:00 p.m. on the day of filing shall be deemed filed when processed on the

next business day and the 10-day review period referenced in section 204.9 of this Part shall not

commence until the application has been processed on the next business day.

shall give notice of the right to respond pursuant to section 204.8 of this Part. The application

form shall include the following:

any, of the charging party;

representative filing the application on behalf of the charging party;

attorney or other representative who will represent the charging party during the

processing of the application, if different from the representative named in response to

paragraph (2) above;

public employer or employee organization named as a party to the improper practice

charge, including the name, address, electronic mail address, and telephone number for

the Chief Legal Officer upon which the application has been delivered, as referred to in

section 204.7 (c)(4) of this Part;

following documents:

personally known to the deponent that constitute the alleged improper practice, the date

of the alleged improper practice, the alleged injury, loss, or damage arising from it, and

the date when the alleged injury, loss, or damage occurred or will occur; and (ii) why the

alleged injury, loss, or damage is immediate, irreparable, and will render a resulting

judgment on the merits of the improper practice charge ineffectual if injunctive relief is

not granted by the court, and why there is a need to maintain or return to the status quo in

order for the board to provide meaningful relief. 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.” If filed electronically, the

affirmation or affirmations shall be in text searchable format;

application for injunctive relief and all supporting documents was delivered to the

respondent’s chief legal officer in an envelope bearing the legend “ATTENTION: CHIEF

LEGAL OFFICER” in capital letters on its front, and the method and date that such

delivery was made. If delivery to respondent’s chief legal officer is made by electronic

mail, the email shall state in the subject line “APPLICATION FOR INJUNCTIVE

RELIEF.” If delivery to the respondent’s chief legal officer is not by electronic mail or

personal service, proof of delivery must establish when the respondent’s chief legal

officer actually received the completed application and all supporting documents. An

application for injunctive relief filed without proof of service on respondent and delivery

to respondent’s chief legal officer will be rejected; and

application for injunctive relief. If filed electronically, the application for injunctive relief

shall be in text searchable format.