§ 1-12 General Provisions.
RCNY § 1-12
(a)Definitions. Unless otherwise specified, the following definitions apply to terms used in these rules.
(1)Board. As used in this section, the term "Board" means either the Board of Collective Bargaining or the Board of Certification.
(2)Filing. The term "filing" means delivery to the Office of Collective Bargaining, and unless otherwise provided in these rules, filing may be effected in person, by first class mail, certified mail, or overnight delivery, or by email. Parties may also file with the Board using the Office of Collective Bargaining's e-filing system accessible on its website, as provided in 61 RCNY § 1-12(e)(2).
(3)Electronic filing. "Electronic filing" or "e-filing," means internet-based submission by a means specified by the Board on its website.
(4)Service. The term "service" means delivery of a document to a party and may be effected by leaving a copy at the principal office or place of business of the party, mailing a copy to the party by means of first class mail, certified mail, or overnight delivery, or by email, as provided in 61 RCNY § 1-12(c) and (d).
(5)Proof of service. The following constitutes prima facie proof of service: (i) A signed, notarized statement that service has been effected, including the name and address of the party served, and the date and manner of service; (ii) A signature or "received" stamp from the designated agent of a party. The signature or stamp must be on a copy of the document being served and must indicate the date of service; (iii) A certified mail receipt confirming delivery; or (iv) A copy of the email transmitting the document that includes the email address of the recipient(s) and the sender, the date and time the transmission was sent, and any attachments. A separate copy of the email will not be required if the sending party simultaneously copies the Office of Collective Bargaining on the transmission.
(b)Form of documents – docket number. All petitions, pleadings, motions, briefs and other formal papers must bear the title of the proceeding and the docket number. Any document other than the initial petition which does not bear the docket number may be returned to the sender. However, failure to include a docket number which is promptly corrected will not be a bar to an otherwise timely filed pleading.
(c)Service of papers by the Board. Except as otherwise provided in these rules, notices of hearings and other process of the Board and/or its designees, may be served personally, by first class mail, certified mail, overnight delivery, or by email. Subpoenas issued by the Board shall be served personally.
(d)Service of papers by a party.
(e)Filing of papers.
(i)Except as otherwise provided in these rules, the filing of papers with the Board by fax or other means not set forth in these rules is permitted only when prior approval has been granted by the Board or its designee and upon such conditions as that approval may be based.
(ii)All submissions filed with the Office of Collective Bargaining in the manner described above, which require proof of service, must be accompanied by proof of service, as set forth in 61 RCNY § 1-12(a)(5) above.
(iii)All submissions to the Office of Collective Bargaining by email, mail of any kind, or personal delivery must be filed Monday through Friday between 9:00 a.m. and 5:30 p.m. Submissions received after 5:30 p.m., the normal close of business, will be deemed filed the next business day. For e-filed cases, all submissions are deemed filed on the date submitted as set forth in 61 RCNY § 1-12(e)(2)(iii).
(iv)An electronic signature shall serve as a substitute for an original signature on all e-filed submissions.
(f)Time – computation. In computing any period of time prescribed or allowed by these rules, or by order or direction, the day of the act, event or default, after which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it falls on a Saturday, Sunday, or legal holiday, in which event the period shall run to the next business day. Unless otherwise provided in these rules, when any period of time prescribed or allowed is: (1) 10 days or fewer, they shall be considered business days, and intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation; (2) greater than 10 days, they shall be considered calendar days, and intermediate Saturdays, Sundays, and legal holidays shall be included in the computation.
(g)Time – date of service.
(h)Time – Board action. Except as prescribed by statute, the Director, or a Deputy Director acting in his/her absence, for good cause shown, may extend or shorten any time limit prescribed or allowed in these rules. When good cause exists, the Director, or Deputy Director acting in his/her absence, acting with the approval of the Board, may shorten time limits and invoke expedited procedures in bringing disputes to mediation, arbitration or to impasse proceedings. Approval of such action by the Board shall require the concurrence of at least one labor member and one city member. In the exercise of such extraordinary powers, the Director or Deputy Director acting in his/her absence is authorized to prescribe times and conditions for the service of notices, filing of pleadings and appearances of parties as the circumstances require and as considerations of due process permit.
(j)Parties – nonjoinder and misjoinder. No proceeding will be dismissed because of nonjoinder or misjoinder of parties. Upon motion of any party, parties may be added, dropped or substituted at any stage of the proceedings, upon terms as may be deemed proper by the Director or the Director's designee.
(k)Intervention – procedure; contents; filing; service. A person, public employer or public employee organization desiring to intervene in any proceeding must file a verified written application setting forth the facts upon which such person, employer or organization claims an interest in the proceeding. The application must be timely made, served on all parties and filed, with proof of service, with the Board. Failure to serve or file the application as required above shall be deemed sufficient cause for the denial thereof, unless good and sufficient reason exists why it was not served or filed as required.
(l)All other motions. Except as otherwise provided by these rules, all motions, other than those made during a hearing, must be made in writing, must briefly state the relief sought and must be accompanied by affidavits setting forth the grounds for the motion. The moving party must serve copies of all motion papers on all other parties and must file the motion within 10 business days, with proof of service, with the Board. Answering papers, if any, must be served on all parties and must be filed within 10 business days after service of the moving papers, with proof of service, with the Board. Reply papers, if any, must be served on all parties and must be filed within 10 business days after service of the answering papers, with proof of service, with the Board. All motions shall be decided upon the papers unless oral argument, or the taking of testimony, is directed, in which event the parties will be notified of the time and place for argument or for the taking of testimony. Permission from the Director or the Director's designee shall be required prior to filing and serving a motion to dismiss in lieu of an answer.
(m)Consolidation or severance.
(o)Amicus Curiae Briefs. In any proceeding pending before the Board of Certification or Board of Collective Bargaining, a nonparty may ask the Director for permission to file a brief as amicus curiae. The non-party's brief must be submitted with the request for leave to file and served on the parties. Leave to file may be granted in the discretion of the Director, after notice and an opportunity to be heard has been given to the parties. OFFICE OF COLLECTIVE BARGAININGRULES OF THE CITY OF NEW YORKTITLE 61OFFICE OF COLLECTIVE BARGAININGCHAPTER 1PRACTICE AND PROCEDUREEFFECTIVE ______, 2018100 Gold StreetFourth FloorNew York, NY 10038 and PECK SLIP STATIONPO BOX 1018New York, NY 10038(212) 306-7160 (Amended City Record 10/24/2018, eff. 11/23/2018)
