Home » 2016 Issues » February 10, 2016 » PRB-42-15-00014-A Rules of Procedure Governing Matters Before the Public Employment Relations Board Pursuant to Labor Law, Art. 20
PRB-42-15-00014-A Rules of Procedure Governing Matters Before the Public Employment Relations Board Pursuant to Labor Law, Art. 20
2/10/16 N.Y. St. Reg. PRB-42-15-00014-A
NEW YORK STATE REGISTER
VOLUME XXXVIII, ISSUE 6
February 10, 2016
RULE MAKING ACTIVITIES
PUBLIC EMPLOYMENT RELATIONS BOARD
NOTICE OF ADOPTION
I.D No. PRB-42-15-00014-A
Filing No. 117
Filing Date. Jan. 21, 2016
Effective Date. Feb. 10, 2016
Rules of Procedure Governing Matters Before the Public Employment Relations Board Pursuant to Labor Law, Art. 20
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 250-258 of Title 12 NYCRR.
Statutory authority:
Labor Law, art. 20, as amended by L. 2010, ch. 56, part O; L. 2013, ch. 148
Subject:
Rules of Procedure governing matters before the Public Employment Relations Board pursuant to Labor Law, art. 20.
Purpose:
To conform procedure under SERA to the 2010 and 2013 statutory changes, and harmonize with PERB rules.
Substance of final rule:
The following adopted amendments align 12 NYCRR IV (A) (Part 250, et seq.) with the State Employment Relations Act (“SERA”) (Labor Law Art. 20, as amended by L. 2010, ch. 56, Part O and L. 2013, ch.148). Due to the statutory changes to SERA, which abolished the State Employment Relations Board and transferred jurisdiction over cases arising under SERA to the Public Employment Relations Board (“PERB”), the rules formerly codified at this Part, promulgated by the State Employment Relations Board, were no longer consistent with SERA, requiring amendment.
L. 2010, ch. 56, § 11, directs PERB to “undertake a comprehensive review of all such regulations and opinions, which will address the consistency of such regulations and opinions among each other and will propose any regulatory changes necessitated by such review.”
As a result of PERB’s comprehensive review, the revised rules as amended conform the rules of procedure under SERA to the statutory changes enacted in 2010 and 2013, and harmonize the procedure before PERB under SERA with that in cases brought under the Public Employees Fair Employment Act (Civil Service Law, Art. 14, commonly known as the “Taylor Law”). For example, the 2013 statutory amendment relieved PERB of the duty to investigate and prosecute unlawful practice claims against employers under SERA, and thus preserved PERB’s neutrality and its ability to mediate and resolve cases. The former rules codified at this Part, superseded by the adopted amended rules, assume PERB will fulfill an investigative and prosecutorial role, and accordingly do not comport with SERA. Additionally, the amended rules simplify procedure and reduce confusion.
The full text of the adopted amendment to this Part were made available on PERB’s website during the public comment period.
Final rule as compared with last published rule:
Nonsubstantive changes were made in sections 251.1, 251.4, 251.5 and 253.10.
Text of rule and any required statements and analyses may be obtained from:
John F. Wirenius, Public Employment Relations Board, P.O. Box 2074, Empire State Plaza, Agency Bldg. 2, 18th Flr., Albany, New York 12220-0074, (518) 457-2578, email: perbinfo@perb.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the last published rule do not necessitate revision to the previously published Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement. The changes made represent clarification of issues that do not impact the statement.
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2019, which is no later than the 3rd year after the year in which this rule is being adopted.
Assessment of Public Comment
A Notice of Revised Rule Making was published in the New York State Register on October 21, 2015. The New York State Public Employment Relations Board (PERB) received several comments during the public comment period associated with the revised rulemaking. The issues and concerns raised in these comments are set forth below:
Comment: One comment was received pointing out typographical errors and inconsistent use of the definite article before the acronym SERA (for State Employment Relations Act).
Response: PERB appreciates the helpful comment. The identified typographical errors were removed, and all uses of the definite article preceding the acronym SERA removed as well.
Comment: One comment was received suggesting that the manner of delivery of arbitration awards should be revised to include electronic mail as an acceptable means of delivery to the parties.
Response: PERB believes that the proposed rules provide for sufficient flexibility to permit the parties to agree to receive arbitration awards via electronic mail, and notes that not all parties appearing in cases governed under the rules are represented by counsel and/or sufficiently familiar with electronic receipt of documents for such to be the default means of delivery. No changes were made to the proposed regulations in response to this comment.
