Counsel- and Board-Related

There is now electronic filing in the private sector.

Overview: Parties may file for injunctive relief at the same time they file an improper practice charge. An application for injunctive relief is a separate process with an analysis conducted separate and apart from an improper practice charge. The responding parties may respond to the application for injunctive relief within five days of their receipt. 

Within 10 days of the receipt by PERB of an application for injunctive relief, if Office of Counsel, on behalf of the Board, determines that a charging party has made a sufficient showing both: (1) that there is reasonable cause to believe an improper practice has occurred, and (2) it appears that immediate and irreparable injury, loss or damage will result thereby rendering a resulting judgment on the merits ineffectual necessitating maintenance of, or return to the status quo to provide meaningful relief, Office of Counsel shall petition the Supreme Court, in Albany County, upon notice to all parties for the necessary injunctive relief, or in the alternative, may issue an order permitting the charging party to seek injunctive relief by petition to the Supreme Court, in which case the Board must be joined as a necessary party.

If, after review, Office of Counsel determines that a charging party has not made a sufficient showing and that no petition to the court is appropriate, such determination shall be deemed a final order.

Before you File: 

• Review the portions of the Taylor Law and PERB’s Rules of Procedure related to filing for injunctive relief. 
• See Section 209-a.4 of the Taylor Law. 
• Sections 204.7 to 204.10 of the Rules of Procedure. 

How to File:

• Print and complete both pages of the Injunctive Relief form below.
• Your application for injunctive relief must include a copy of the improper practice charge that you have separately filed with Director of Public Employment Practices and Representation.
• File the original and two copies of the fully completed form, including all relevant email addresses, and all attachments with the Office of Counsel, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, 20th Floor, Albany, NY 12220-0074.
• Your application must include proof that complete copies have already been received by all other parties. 

Overview: The Taylor Law provides that no public employee or employee organization shall engage in a strike, and no public employee or employee organization shall cause, instigate, encourage, or condone a strike. A charge that any employee organization or agent thereof is engaging in, causing, instigating, encouraging, or condoning a strike may be made by the chief legal officer of the government involved or the counsel upon his or her own motion.

Before you File:

• Review the portions of the Taylor Law and PERB’s Rules of Procedure related to strikes in the public sector. 
• See Section 210 of the Taylor Law. 
• Part 206 of the Rules of Procedure.

How to File:

• Print and complete both pages of the Strike Notice and Charge form below.
• File the original and three copies of the form and all attachments with the Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, 20th Floor, Albany, NY 12220-0074.
• Your Strike Notice and Charge must include proof of service of a copy on the employee organization. 

Overview: This form may be filed when a Petitioner alleges that a local government’s provisions and procedures, as implemented, are not substantially equivalent to the provisions and procedures set forth in the Taylor Law or in PERB’s Rules of Procedure. 

Such a Petition may be filed within 60 days after the act or inaction complained of occurred or failed to occur.

Before you File:

• Review the portions of the Taylor Law and PERB’s Rules of Procedure relating to local government provisions and procedures and petitions to review their implementation.
• See Section 212 of the Taylor Law.
• See Section 203.8 of the Rules of Procedure. 

How to File:

• File an original and three copies of a completed form, with any attachments with the Office of Counsel, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, 20th Floor, Albany, NY 12220-0074.