N.Y. Comp. Codes R. & Regs. tit. 4 § 204.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 204.2 - Initial processing by director

(a)Initial review.

(1) After a charge is filed, the director shall conduct a review of the charge to determine whether the facts as alleged may constitute an improper practice as set forth in section 209-a of the act. If the director determines that the facts as alleged do not, as a matter of law, constitute a violation, or that the charge as pleaded is not timely, the director may dismiss it subject to review by the board under Part 213 of this Chapter; alternatively, the director may permit the party to amend the charge to cure such deficiency in the charge. If the deficiency is not cured, the director may dismiss the charge or deem the charge, or any part thereof, withdrawn.

(2) Notice of conference. Except where subdivision (b) of this section is applicable, a notice of conference pursuant to Part 212 of this Chapter shall be prepared by the director or a designated administrative law judge specifying the time and place for the conference and, together with a copy of the charge, shall be delivered to the charging party and each named respondent.

(b)Scope of negotiations cases.

If, upon review of the charge, the director determines that it involves primarily a dispute between the parties as to the scope of negotiations under the act, the director or an assigned administrative law judge shall forthwith schedule a conference for the purpose of inquiring further into the matter. Such an administrative determination is a ministerial act and will not be reviewed by the board.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 204.2

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff. 8/2/2017