4 NYCRR 205.6 — read free

Objections to arbitrability

Compiled text through Jan 31, 2026

No later Register activity identified in this check.

Dates and status

Compiling agency: Department of Civil Service
Text status: Source receipt
Compiled text through: Jan 31, 2026
Register checked through: July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
Activity status: No later Register activity identified in this check.
Source snapshot: Jun 6, 2026

(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.

Objections to arbitrability

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