What's New

On July 22, 2010, the Public Employment Relations Board (PERB) assumed the responsibility of administering the New York State Employment Relations Act (SERA) , previously performed by the State Employment Relations Board (SERB). Consistent with the legislation granting PERB these responsibilities, we are in the process of reviewing the SERB precedent and procedures. As part of our review, we want to inform you of what can be expected during the transition period.

With respect to all public sector matters, PERB's practices and procedures under the Taylor Law will remain unchanged.

Generally speaking, for the next several months, most of SERB's private sector procedures will be continued. However, some administrative details are being changed.

Procedures Involving Arbitration, Mediation and Taft-Hartley Notices:

• The Office of Conciliation, through its Director Richard A. Curreri, will be responsible for handling all inquiries and matters dealing with mediation for initial and successor contract negotiations and grievance-arbitration disputes.
• Taft-Hartley notices (FMCS Form F-7 Notice to Mediation Agencies) should be sent to the Director by postal mail, email, or fax at PERB, 80 Wolf Rd, Suite 500, Albany, NY 12205, perbinfo@perb.state.ny.us, or 518-457-2664. Simply send a copy of the completed FMCS Form F-7 (available by clicking here); DO NOT utilize the Request for Contract Mediation Assistance form, referenced below, for this purpose.F7
• Requests for mediation or other assistance in initial and successor contract negotiations should be sent to the Director by postal mail, email, or fax at PERB, 80 Wolf Rd, Suite 500, Albany, NY 12205, perbinfo@perb.state.ny.us, or 518-457-2664, utilizing the Request for Contract Mediation Assistance form available on the PERB website by clicking here. This form should only be used when voluntary bargaining has stalled and the parties have agreed to seek active mediation assistance. Again, DO NOT utilize this form to satisfy the federal requirement that notice of proposed termination or modification of an existing contract be served on state mediation agencies.
• During the transition period, PERB will continue to utilize SERB's current panels of arbitrators for private sector grievance arbitration only. Requests for these services should be filed with the Director by postal mail at PERB, 80 Wolf Rd, Suite 500, Albany, NY 12205, utilizing the Demand for Arbitration form available on the PERB website by clicking here.
• Requests for designation of a panel arbitrator will be processed in accordance with §§207.3 through 207.15 of PERB's existing Rules of Procedure for Voluntary Grievance Arbitration, which can be found on PERB's website by clicking here. Please note that these procedures for ranking and designation of an arbitrator differ from those formerly utilized by the SERB.
• Requests for appointment of a pro bono arbitrator will result in assignments from SERB's list of pro bono arbitrators.
• Once PERB assigns a pro bono or designates a panel arbitrator to hear a grievance dispute, the arbitrator and the parties involved must make their own arrangements for dates and locations for conducting the hearing per §207.9 of PERB's Rules.
• When possible, PERB will make space available only at its Albany office for grievance arbitration hearings assigned to pro bono arbitrators.
• Beginning October 1, 2010, PERB will be assessing a $50 per party administrative filing fee for all Demands for Arbitration per §207.15 of PERB's Rules. No arbitrator will be assigned or designated to a grievance arbitration matter until the fees are received by PERB.

For Adjudicatory Matters under SERA:

• The Office of Employment Practices and Representation, through its Director Monte Klein, will be responsible for handling all inquiries and proceedings dealing with allegations of unfair labor practices and questions concerning representation.
• Unfair Labor Practice charges and Representation petitions should be filed with the Director by postal mail at PERB, 80 Wolf Rd, Suite 500, Albany, NY 12205, in accordance with former SERB rules Part 252, utilizing the Filing an Unfair Labor Practice or Petition for Investigation and Certification of Representative forms, which are modified SERB forms, available on the PERB website by clicking here.

Please visit PERB's website regularly for updates relating to the transition. We promise to provide the same respect and professional attention to the private sector clientele that those in the public sector have come to expect and appreciate. Thank you for your patience and cooperation as we work through this transition.

Jerome Lefkowitz
Chairperson