§ 1-07 Proceedings Before the Board of Collective Bargaining.
RCNY § 1-07
(a)Definition. Board. As used in this section, the term "Board" means the Board of Collective Bargaining.
(b)Types of proceedings before the Board. A party may file a petition commencing a proceeding pursuant to paragraphs (1) through (4) of this subsection. When appropriate, a party may combine proceedings brought pursuant to paragraphs (2) and (4) in a single petition. The combined petition must be properly titled, must contain separately labeled sections for each proceeding, and each section must comply with the requirements set forth in 61 RCNY § 1-07(c).
(1)Interpretation of and compliance with statute. A public employer or public employee organization which is a party to a disagreement as to the application or interpretation of the statute may petition the Board to consider such disagreement and report its conclusions to the parties and the public.
(2)Scope of collective bargaining.
(i)A public employer or certified or designated public employee organization which is party to a disagreement as to whether a matter is within the scope of collective bargaining, including a claim of practical impact under § 12-307(b) of the statute, or under an applicable executive order, or pursuant to a collective bargaining agreement, may petition the Board for a final determination thereof. Pleadings responsive to a scope of bargaining petition must be filed and served in accordance with 61 RCNY § 1-07(c)(3), (4), and (5).
(ii)A scope of collective bargaining petition filed after the appointment of an impasse panel has been authorized in accordance with 61 RCNY § 1-05(f) must be filed within the time provided in 61 RCNY § 1-05(g).
(3)Grievance arbitration. A public employer or certified or designated public employee organization which is party to a disagreement as to whether a matter is a proper subject for the grievance and arbitration procedure established pursuant to § 12-312 of the statute or under an applicable executive order or pursuant to a collective bargaining agreement may petition the Board for a final determination thereof. The petition must be filed within the time provided in 61 RCNY § 1-06(c), and responsive pleadings must follow the procedures set forth in 61 RCNY § 1-07(c)(3), (4), and (5).
(4)Improper practices. One or more public employees or any public employee organization acting on their behalf or a public employer may file a petition alleging that a public employer or its agents or a public employee organization or its agents has engaged in or is engaging in an improper practice in violation of § 12-306 of the statute and request that the Board issue a determination and remedial order. The petition must be filed within four months of the alleged violation and must be on a form prescribed by the Office of Collective Bargaining.
(c)Pleadings, Procedures and Determinations.
(iii)The public employer shall be made a party to any improper practice charge pursuant to § 12-306(d) of the statute and must file responsive pleadings in accordance with 61 RCNY § 1-07(c)(3) and (5).
(iv)Unless e-filing pursuant to 61 RCNY § 1-12(e)(2), a petition filed pursuant to 61 RCNY § 1-07(b) against a public employer or a public employee organization must be served upon the designated agent of the public employer or public employee organization. A listing of designated agents shall be maintained at the Office of Collective Bargaining and on its website. The public employer and/or public employee organization must keep the Office of Collective Bargaining informed of their current designated agent, including their address and email address. Service upon a designated agent listed on the Office of Collective Bargaining's designated agent list shall be deemed proper service.
(5)Briefs – service and filing. Briefs must be filed and served simultaneously with the corresponding petition, answer, or reply, unless prior permission has been granted by the Director or the Director's designee.
(6)Case conferences and mediation.
(7)Amendments and withdrawals. After a hearing and upon good cause shown, the trial examiner may permit a party to amend a pleading to conform to the evidence. The request to amend shall be on notice to all parties.
(8)Determination – decision. After issue has been joined, the Board may decide the dispute on the papers filed, may direct that oral argument be held, may direct a hearing before a trial examiner, or may make such other disposition of the matter as it deems appropriate and proper.
(d)Injunctive relief for a claim of improper practice.
(9)Expedited scheduling, hearing, and disposition of the underlying improper practice petition. In conformity with the mandates of § 209-a(5) of the New York Civil Service Law, any improper practice case in which the Supreme Court has granted injunctive relief shall be given preference in scheduling, hearing and disposition over all other types of matters pending before the Board. The Board shall conclude the hearing process and issue a decision on the merits within the time prescribed by § 209-a(5) of the New York Civil Service Law. In order to effectuate this statutory preference and time limitation, unless the parties stipulate in writing to waive the statutory period within which the Board must render its decision on the merits, the following procedures will be enforced: (i) The time provisions set forth in 61 RCNY § 1-07 for the filing of pleadings and briefs will be strictly enforced. Under no circumstances will requests for extensions of time to serve and file pleadings and/or briefs, or requests to adjourn scheduled hearing dates, be granted; (ii) When, in the judgment of the Office of Collective Bargaining, material questions of fact are raised, a hearing will be scheduled to commence no later than 10 business days after service of a copy of the order of the court with notice of entry; (iii) Once a hearing is commenced, it shall continue on consecutive business days until it is concluded; but in no event shall the hearing continue beyond a date 15 business days after service of a copy of the order of the court with notice of entry; (iv) Post-hearing briefs must be served and filed no later than 10 business days after the last hearing date; (v) After the record is closed, the trial examiner shall prepare a report and/or draft decision which shall be submitted to the Board for its consideration. The Director may call for a special meeting by telephone conference call, in accordance with the procedures set forth in 61 RCNY § 1-07(d)(7), whenever necessary for the Board to render a decision within the time prescribed by § 209-a(5) of the New York Civil Service Law. Copies of the decision shall be served on the parties by email and certified mail.
(10)Notification to the court. The Board shall promptly forward notice of its determination, together with a copy of the decision of the Board, to the court which issued the order granting injunctive relief. (Amended City Record 10/24/2018, eff. 11/23/2018)
