N.Y. Comp. Codes R. & Regs. tit. 12 § 263.28

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

Section 263.28 - Decision by hearing officer

(a) Upon completion of the hearing, the hearing officer shall issue a written decision resolving any material issues of disputed fact and all legal issues raised by the parties. If the hearing officer's decision is not issued within 14 calendar days from the close of the hearing, either party may request expedited review by the board.

(b) If the hearing officer determines that certification of the representative without an election is appropriate, the hearing officer shall issue such certification. The hearing officer's determination that the indications of employee support are sufficient for certification without an election is reviewable by the board pursuant to a written objection to certification filed with the board by a party within ten working days after its receipt of the hearing officer's notification. An objection to certification shall set forth all grounds for the objection with supporting facts and shall be served on all parties to the proceedings. A response to the objection may be filed within five working days after a party's receipt of the objection. The party filing objections with the board or an opposition to objections shall serve a copy thereof on the other parties and shall file a copy with the board. Review by the board will only be granted in accordance with section 263.29(b) of this Part.

(c) If the hearing officer determines that certification of the unit without an election is not appropriate, the hearing officer shall issue a decision explaining the basis for her decision. Exceptions to the hearing officer's decision may be filed pursuant to section 263.67 of this Part.

(d) If the hearing officer determines that that an election by secret ballot is necessary, the hearing officer shall provide that such election or elections be conducted by an agent of the board in compliance with section 263.27 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 263.28

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