4 NYCRR 205.6

Objections to arbitrability

Source version current through Sep 23, 2026

Source details

NYCRR title agency: Department of Civil Service
Section status: Section source receipt
Source version current through: Sep 23, 2026
Text saved: Sep 28, 2026
Latest State Register issue indexed: September 30, 2026 (Vol. XLVIII, Issue 39)
Related Register notice: PRB-10-26-00001-A · Adopted rule
Related notice published: Jun 3, 2026
Related notice effective date: Jun 3, 2026

Objections to arbitrability

(a)Objections to arbitrability. Objections to the arbitrability of any matter set forth in the petition

or response may only be raised by the filing of an improper practice charge or a declaratory

ruling petition pursuant to the requirements of this section. Objections as to arbitrability may

include, but not be limited to, the following circumstances:

(1)a matter proposed is not a mandatory subject of negotiations;

(2)a matter proposed was not the subject of negotiations prior to the petition;

(3)a matter proposed had been resolved by agreement during the course of negotiations.

(b)Improper practice charge. The proposed arbitration of any matter set forth in the petition or

response may be objected to by either party as being violative of section 209 a.1(d) or section

209 a.2(b) of the act by filing an improper practice charge pursuant to section 204.1 of this

Chapter. Section 204.1(b)(4) of this Chapter shall not apply. The matter shall be accorded

expedited treatment. If filed by the respondent, such a charge may not be filed after the date of

the filing of the response filed in accordance with section 205.5 of this Part; if filed by the

petitioner, such a charge may not be filed after the date of the filing of the cross-response filed in

accordance with section 205.5(c) of this Part. A charge shall state the date when the petition or

response was received.

(c)The proposed arbitration of any matter set forth in the petition or response may be objected to

by either party as not being within the scope of mandatory negotiations by filing a declaratory

ruling petition pursuant to Part 210 of this Chapter. If filed by the respondent, such a petition

may not be filed after the date of the filing of the response filed in accordance with section 205.5

of this Part; if filed by the petitioner, such a petition may not be filed more than 10 working days

after its receipt of the response.

(d)The public arbitration panel shall not make any award on issues, the arbitrability of which is

the subject of an improper practice charge or a declaratory ruling petition, until final

determination thereof by the board or withdrawal of such charge or petition; the panel may make

an award on other issues.