N.Y. Comp. Codes R. & Regs. tit. 12 § 263.26

Current through Register Vol. 46, No. 45, November 2, 2024

Section 263.26 - Conduct of hearings

(a)Question of representation. The primary purpose of a conference or hearing conducted under Section 705 of SERA by a hearing officer is to investigate whether the requisite showing of interest has been established and to determine if certification of the proposed bargaining representative is appropriate.

(b)Petitioner's response. At the conference and/or hearing, the Petitioner shall respond to all issues raised in the statements of position.

(c) At the conference and/or hearing, parties may request to admit additional documentary or testimonial evidence supporting their positions.

(d)Supervisory status. Disputes concerning supervisory status will normally not be litigated and resolved by the hearing officer before a representative is certified. Questions of supervisory status will only be addressed prior to certification where necessary to resolve whether the showing of interest is sufficient for certification without an election.

(e) Certification. If, upon the record, the hearing officer finds that the requisite showing of majority support for the proposed bargaining unit has been established and the bargaining unit is appropriate, the hearing officer shall certify the representative.

(f) Conduct of hearing. Hearings shall be conducted by a hearing officer and shall be open to the public unless otherwise ordered by the hearing officer. At any time, a hearing officer may be substituted for the hearing officer previously presiding by the director of PEPR. A hearing officer may conduct a hearing either in person, by telephone, or electronically by use of a digital platform enabling the hearing officer, all parties, and any witnesses to be seen and heard.

(g) Continuation of hearing. The hearing shall continue from day to day until completed unless the hearing officer concludes that extraordinary circumstances warrant otherwise. The hearing officer may, in the hearing officer's discretion, adjourn the hearing to a different place by announcement thereof at the hearing or by other appropriate notice.

(h)Oral argument. Any party shall be entitled, upon request, to a reasonable period at the close of the hearing for oral argument, which shall be included in the stenographic record of the hearing. Post-hearing briefs shall be filed only upon special permission of the hearing officer and within the time and addressing the subjects permitted by the hearing officer. Post-hearing briefs, if allowed by the hearing officer, shall be due within two business days of the close of the hearing. Copies of the brief shall be served on all other parties to the proceeding and a statement of such service shall be filed with the hearing officer together with the brief. No reply may be filed except upon special permission of the hearing officer.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 263.26

Adopted New York State Register February 15, 2023/Volume XLV, Issue 07, eff. 2/15/2023