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Using stipulated records in support of claims and defenses before an PERB Administrative Law Judge urged by PERB

Using stipulated records in support of claims and defenses before an PERB Administrative Law Judge urged by PERB
Matter of Niagara Charter School, PERB Case U-27727
Source: PERB Staff reports

The Board remanded this case to an Administrative Law Judge for further processing aimed at clarifying the stipulated record with respect to an improper practice charge alleging that a charter school violated §209-a.1(d) of the Act when it refused requests to commence collective negotiations. The purpose of the remand was to clarify the record as to which employee organization asserts representational rights pursuant to the New York Charter Schools Act of 1998, Education Law §2854(3)(b-1).

The Board?s decision provides an important practice tip for practitioners before PERB. In remanding the case, the Board emphasized the value and importance of stipulated records as an economical and convenient means of presenting relevant evidence in support of claims and defenses before an ALJ.

At the same time, the Board reminded the parties that they retain the same level of responsibility and care for ensuring a complete record through a stipulated record or through the presentation of evidence at a hearing before an ALJ.

Full post as published by New York Public Personnel Law on April 05, 2010 (boomark / email).