FREQUENTLY ASKED QUESTIONS

Q1.What is the Industrial Board of Appeals (IBA)?

Q2. Where is the IBA?

Q3. What are the IBA office hours?

Q4. I am upset with the Order I just received from the Department of Labor and I want to appeal - what do I do?

Q5. Is there a filing fee for filing a Petition with the Board?

Q6. How long after getting an Order from the Department of Labor do I have to file a Petition?

Q7. Where do I file my Petition?

Q8. How many copies should I file?

Q9. Must I have a lawyer representing me to appeal a case before the IBA?

Q10. Will I have to appear in court regarding my appeal?

Q11. Where are IBA hearings held?

Q12. How long will it take before the Board hears my case?

Q13. What can I do if I am unhappy with the Resolution of Decision I received from the IBA?

Q14. I am a private employer and want to make a payment to the Department of Labor regarding the Order to Comply I received - who do I send the money to and where?

Q15. I represent a Corporation which needs the approval of the IBA for certain corporate documents before I can send them to the Department of State for filing - what do I do?

Q16. How do I know if certain corporate documents need to be approved by the IBA prior to being filed with the Department of State?

A1. Historical Background: The New York State Industrial Board of Appeals was created by the Legislature in 1975 as an independent review and appeals agency. The Board consists of five members appointed by the Governor, who designates one member to serve as Chairman. In addition to the broad review powers of the Board, many of the functions, powers and duties of the former Board of Standards and Appeals were transferred to the Industrial Board of Appeals.

Powers and Duties: The main statutory duty of the Board is to provide an impartial administrative review of the validity or reasonableness of any rule, regulation or order made by the Commissioner of Labor.

The Board's major review activities include:

  • Hearing and adjudicating appeals concerning the reasonableness or validity of health and safety standards promulgated by the Commissioner of Labor for public employee safety.

  • Hearing and adjudicating petitions for review of compliance orders issued by the Commissioner of Labor to enforce safety and health standards.

  • Hearing and adjudicating appeals from decisions of the Commissioner of Labor on variance requests from safety and health standards.

  • Hearing and adjudicating petitions for review of compliance, penalty and interest orders issued by the Commissioner of Labor under the various wage provisions of the Labor Law.

  • Hearing and adjudicating appeals concerning the reasonableness or validity of minimum wage orders promulgated by the Commissioner of Labor.

  • Approval of certificates of incorporation and other corporate instruments where the powers and purposes of the corporation include labor related activities, or the proposed name may tend to imply involvement in labor related activities.

  • Review of registration and cancellation proceedings for union labels.
The Board does NOT have jurisdiction in the areas of unemployment insurance, workers' compensation or public works contracts.

Board hearings and other functions are conducted on a statewide basis and the Board maintains offices in Albany and New York City.

A2. CONTACT THE BOARD AT:
ALBANY OFFICE:

Empire State Plaza
Agency Bldg. 2, 20th Floor
Albany, NY 12223

Telephone: (518) 474-4785
Fax: (518) 473-7533

Office Hours: 8:30 A.M. to 4:30 P.M.
Monday through Friday, excepting legal holidays

A3. Office Hours: 8:30 A.M. to 4:30 P.M.
Monday through Friday, excepting legal holidays

A4. If you are a private employer who has just been served with an Order to Comply based upon a violation of the Labor Law, your rights to appeal are set forth at the end of the Order to Comply, where information is given about appealing to the Industrial Board of Appeals. The time for such an appeal is set by law to be 60 days from the date of issuance of the Order. This deadline must be strictly enforced by the IBA, and there is no discretion to extend the time to file. Please also refer specifically to the Rules of Procedure and Practice for the IBA, which can be found on the designated page of this web-site: RULES There you will find information regarding the form and content of the Petition that you would file with the IBA, and as to how the process works.

If you are a public employer who has been served with a Notice of Violation or an Order to Comply with public employee health and safety regulations, please refer to the language contained in the Notice/Order for instructions as to how to appeal to the Industrial Board of Appeals. The time for such an appeal is 60 days from the date of "final" action by the Department of Labor. This deadline must be strictly enforced, and there is no discretion to extend the time to file. Please also refer specifically to the Rules of Procedure and Practice for the IBA, which can be found on the designated page of this web-site: RULES There you will find information regarding the form and content of the Petition that you would file with the IBA, and as to how the process works.

A5. No, there are no filing fees for filing a Petition with the Board.

A6. In most instances, you have 60 days to file an appeal. To be certain of the time period for filing which relates specifically to your type of case, please refer to Section 101 of the Labor Law, the language of the Order you received from the Department of Labor, and to the Board's Rules. In addition, in the case of any question, you can contact the Board's office at (518) 474-4785 for further information. As with all legal matters, when in doubt, consult with an attorney.

A7. Petitions are filed at the Board's Albany office, and should be mailed to the following address:

Industrial Board of Appeals
Empire State Plaza
Agency Building 2, 20th Floor
Albany, NY 12223

A8. The Board's Rules require that an original and three (3) copies of a Petition be filed.

A9. For purposes of submitting your case to the IBA and presenting your position at an administrative hearing with the IBA there is no requirement that you have to have a lawyer representing you, and many Petitioners choose not to be represented by an attorney. This is a personal decision and one that you should give careful consideration. When in doubt, it is always best to consult with legal counsel of your choice.

A10. If you are unable to resolve your situation with the Department of Labor, your Petition filed with the Industrial Board of Appeals will be heard at an administrative hearing. Although these are formal administrative hearings, at which a Hearing Officer presides, and the parties present testimony from sworn witnesses, and have an opportunity to introduce documentary evidence, these hearings are not held in a court, but are heard at various locations throughout the state depending on where you are located. Cases in the New York City area, and the Capital District area around Albany are held in the Board's offices, where official hearing rooms are located. Cases heard in other locations are generally held in conference rooms of the Department of Labor offices located in those regions.

It is necessary for you to appear at the scheduled time for your hearing in order to present your side of the case. If you fail to appear for the hearing the case may be heard in your absence and a decision issued by the Board.

A11. IBA hearings are not held in a court, but are heard at various locations throughout the state depending on where you are located. Cases in the New York City area, and the Capital District area around Albany are held in the Board's offices, where official hearing rooms are located. Cases heard in other locations are generally held in conference rooms of the Department of Labor offices located in those regions. The Notice of Hearing will clearly identify the hearing location and time at which you are to appear.

A12. Each case is different and there is no set time frame for bringing a case to hearing. The Board makes every effort to schedule cases as soon as possible, keeping in mind the complexity of the case, and the needs of the parties. In many instances cases reach the point of hearing within six (6) months or less from the date of filing, although some cases do take longer.

A13. If you have received a Resolution of Decision from the Industrial Board of Appeals, and do not agree with the decision, you should review the Board's Rules, and the Labor Law regarding your continued options, which do include, among other options, the right to appeal to the Supreme Court, pursuant to Article 78 of the Civil Practice Laws and Rules. Time limits for filing are very important and you should consult with legal counsel if you have doubts about what course of action to take.

A14. The Division of Labor Standards at the Department of Labor takes up all payment issues regarding cases under their jurisdiction, generally wage and wage supplement cases and civil penalties related to wage payment or payroll practices. Contact their office at: (518) 457-1942.

Payments may be made by check or money order payable to: Commissioner of Labor

Payments should be sent to:

New York State Department of Labor
Division of Labor Standards
Interest, Penalty and Collection Section
Room 185B
Building 12
The Governor Averill Harriman State Office Building Campus
Albany, NY 12240

A15. To request review and approval of the IBA for certain corporate instruments you need to forward to the IBA the instrument for which approval is requested, and in the instance of a new corporate name, proof from the Department of State as to the name availability is also required. Please refer to the applicable section of the Rules of Procedure and Practice of the IBA, found at Part 67, Section 67.1 et seq, for specific filing information. RULES NOTE: There is no filing fee for submitting documents to the IBA for review and approval.

A16. There are provisions contained in the Labor Law and elsewhere within New York State law which detail the instances in which a corporation needs to obtain prior approval from the IBA for a corporate instrument. Generally, these instances involve cases where the proposed name or powers or purposes of the corporation include labor related activities. For specific details, please refer to the applicable section of the Rules of Procedure and Practice of the IBA, found at Part 67, Section 67.1 et seq, for specific filing information. RULES NOTE: There is no filing fee for submitting documents to the IBA for review and approval.

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