N.Y. Comp. Codes R. & Regs. tit. 4 § 202.4

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

Section 202.4 - Contents of petition for review

A petition for review shall contain the following:

(a) The name, affiliation, if any, and address of petitioner.

(b) The name and address of the public employer involved.

(c) A summary of the proceedings, if any, before the impartial agency established under section 206.1 of the act, including copies of the petition and other documents filed in such proceedings or issued by the impartial agency.

(d) A clear and concise statement of the grounds for alleging that the procedures established by the local public employer are not consistent with the provisions of sections 206.1 and 207 of the act and pertinent sections of this Chapter, or that the decision of the impartial agency is repugnant to the act and pertinent sections of this Chapter.

(e) A statement that the matter is not subject to section 212 of the act.

(f) If petitioner is seeking certification:

(1) an affirmation that petitioner does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike;

(2) a description of the negotiating unit which petitioner claims to be appropriate;

(3) the number of employees in the allegedly appropriate unit;

(4) whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met;

(5) the date upon which petitioner asked the public employer for recognition; and

(6) the names and addresses of any other employee organizations which claim to represent any public employees within the allegedly appropriate unit. If there is any contract covering the public employees in such unit, petitioner shall specify the duration, the parties and the unit included in the contract, or attach a copy of the contract.

(g) If the petitioner is seeking decertification:

(1) the name or names of the employee organization(s) which have been certified or are currently being recognized by the public employer and which claim to represent the employees in the unit involved, and the expiration date of any contract covering such employees;

(2) the grounds upon which decertification or revocation of recognition is sought;

(3) a description of the unit including the number of employees;

(4) if an employee organization, whether the showing of interest requirement, as set forth in sections 201.3 and 201.4 of this Title, is met; and

(5) whether the employee organization(s) which have been certified have engaged in a strike or have caused, instigated, encouraged or condoned a strike against any government.

(h) A clear and concise statement of any other relevant facts.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 202.4

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