§ 1-08 Municipal Labor Committee.
RCNY § 1-08
(a)Definition. Board. As used in this section, the term "Board" means the Board of Collective Bargaining.
(b)Allocation of costs. The costs of the salary, fees and expenses of the impartial members to be paid by members of the Municipal Labor Committee, pursuant to Section 1174(a) of the Charter, shall be allocated among the members as provided in Article 7 of the Rules of the Municipal Labor Committee adopted October 13, 1967, or as duly amended thereafter, provided that any member of the Municipal Labor Committee may petition the Board for reallocation of said costs as herein provided.
(c)Petition to reallocate costs – contents. Any member of the Municipal Labor Committee may petition the Board to reallocate the costs of the salary, fees and expenses of the impartial members. The petition must be verified and must contain: (1) The name, address, telephone number, and email address of the petitioner; (2) An allegation that petitioner is a member of the Municipal Labor Committee required to share the costs of the salary, fees and expenses of the impartial members; (3) A statement of the facts on which petitioner bases its contention that the current method of allocation of said costs is improper, inequitable, discriminatory or arbitrary; (4) The proposed method of allocation of said costs which petitioner asserts should be adopted.
(d)Petition to abrogate rule – contents. A certified employee organization may petition the Board to abrogate a rule of the Municipal Labor Committee, which relates to voting or eligibility for membership and which is alleged to be arbitrary or discriminatory or to have been applied in an arbitrary or discriminatory manner. The petition must be verified and must contain: (1) The name, address, telephone number, and email address of the petitioner; (2) Specification of the rule or rules involved; (3) A statement of the facts on which petitioner bases its contention that the rule is arbitrary or discriminatory or has been applied in an arbitrary or discriminatory manner.
(e)Petition – service and filing. A petition pursuant to 61 RCNY § 1-08(b) or (c) must be served on the Municipal Labor Committee and must be filed, with proof of service, with the Board.
(f)Answer – service and filing. Within 10 business days after service of the petition, the Municipal Labor Committee shall serve a copy of its answer upon the petitioner and file its answer, with proof of service, with the Board.
(g)Answer – contents. The answer must be verified and must contain: (1) Admissions or denials of the allegations of the petition; (2) Additional facts and affirmative matter as may be relevant, material and appropriate.
(h)Reply – service; contents. Within 10 business days after service of the answer, petitioner may serve and file a verified reply which must contain admissions and denials of any additional facts or new matter alleged in the answer. Additional facts or new matter alleged in the answer shall be deemed admitted unless denied in the reply. A copy of the reply must be served on the respondent and filed, with proof of service, with the Board.
(i)Briefs – service and filing. Briefs, if any, may be served and filed as provided in 61 RCNY § 1-07(c)(5).
(j)Determination – decision. After issue has been joined, the Board may decide the matter on the papers and briefs 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. (Amended City Record 10/24/2018, eff. 11/23/2018)
