Section 212. Local government procedures  


Latest version.
  • 1. This article, except sections
      two hundred one, two hundred two, two hundred three, two  hundred  four,
      paragraph  b  of subdivision four and paragraph d of subdivision five of
      section two hundred five, paragraph b of subdivision  three  of  section
      two  hundred  seven,  section  two  hundred  eight,  section two hundred
      nine-a, subdivisions one and two of section two hundred ten, section two
      hundred eleven, two hundred thirteen and two hundred fourteen, shall  be
      inapplicable  to  any government (other than the state or a state public
      authority) which, acting through its legislative body,  has  adopted  by
      local  law,  ordinance  or resolution, its own provisions and procedures
      which have been submitted to the board by  such  government  and  as  to
      which  there  is  in  effect  a  determination  by  the  board that such
      provisions and procedures and the continuing implementation thereof  are
      substantially  equivalent  to the provisions and procedures set forth in
      this article with respect to the state.
        2. With  respect  to  the  city  of  New  York,  such  provisions  and
      procedures  need  not be related to the end of its fiscal year; and with
      respect to provisions and procedures adopted by local law by the city of
      New York no such submission to or determination by the  board  shall  be
      required,  but such provisions and procedures shall be of full force and
      effect  unless  and  until  such  provisions  and  procedures,  or   the
      continuing  implementation  thereof,  are  found by a court of competent
      jurisdiction, in an action brought by the board in  the  county  of  New
      York  for  a declaratory judgment, not to be substantially equivalent to
      the provisions and procedures set forth in this article.
        3. Notwithstanding any other provision of law  to  the  contrary,  the
      resolution  of  disputes  in  the  course  of collective negotiations as
      provided by section two hundred nine of this article shall apply to  any
      organized  fire  department,  police  force, or police department of any
      government  and  detective-investigators,   or   rackets   investigators
      employed  in  the  office  of a district attorney of a county subject to
      either subdivision one or two of this section. Provided, however, that a
      recognized or certified employee  organization  may  elect  to  continue
      dispute  resolution  procedures  which  existed  on the day prior to the
      effective date of this subdivision by notifying the  appropriate  public
      employment relations board in writing.