NY Lab L § 705 (2021)
2021 New York Laws LAB - Labor Article 20 - New York State Labor Relations Act 705 - Representatives and Elections.

§ 705. Representatives and elections. 1. Representatives designated by   the  board  after  a  showing  of  majority interest or selected for the   purposes of collective bargaining by the majority of the employees in  a   unit  appropriate  for such purposes or by the majority of the employees   voting in an election conducted pursuant to this section  shall  be  the   exclusive  representatives  of all the employees in the appropriate unit   for the purposes of collective bargaining in respect to  rates  of  pay,   wages, hours of employment, or other conditions of employment: Provided,   that  employees,  directly  or  through  representatives, shall have the   right at any time to present grievances to their employer.The board shall designate a representative for purposes of  collective   bargaining  when  such representative demonstrates a showing of majority   interest by employees in the unit. In  cases  where  the  parties  to  a   dispute  are  without agreement on the means to ascertain the choice, if   any, of employee organization as their representative, the  board  shall   ascertain  such employees' choice of employee organization, on the basis   of dues deduction authorization and other evidence, or if  necessary  by   conducting  an  election. In the event that either party provides to the   board,  prior  to  the  designation  of  a  representative,  clear   and   convincing  evidence  that  the dues deduction authorizations, and other   evidence upon which the board would  otherwise  rely  to  ascertain  the   employees'  choice  of  representative,  are fraudulent or were obtained   through  coercion,  the  board  shall  promptly  thereafter  conduct  an   election.  The  board  shall  also  investigate  and  consider a party's   allegations that the dues deduction authorizations and  other  evidences   submitted  in  support  of  a  designation  of representative without an   election were subsequently changed, altered, withdrawn or withheld as  a   result  of  employer  fraud, coercion or any other unfair employer labor   practice as defined in section seven hundred four of  this  article.  If   the  board  determines  that  a representative would have had a majority   interest  but  for  the  employer's  fraud,  coercion  or  unfair  labor   practice,  it  shall designate the representative without the conduct of   an election.1-a. If the choice available to the employees in a negotiating unit is   limited to selecting or rejecting a single employee  organization,  that   choice  shall be ascertained by the board on the basis of dues deduction   authorizations instead of by an election. In  such  case,  the  employee   organization  involved  will  be  certified  without  an  election  if a   majority of the employees within the unit have executed a  showing  dues   deductions authorizations.1-b.  The board shall determine whether any supervisory employee shall   be excluded from any negotiating unit that includes  rank-and-file  farm   laborers;  provided,  however, that nothing in this subdivision shall be   construed to limit or prohibit any supervisory employee from  organizing   a separate negotiating unit.2.  The board shall decide in each case whether, in order to insure to   employees the full benefit  of  their  right  to  self-organization,  to   collective  bargaining  and otherwise to effectuate the policies of this   article, the unit appropriate for the purposes of collective  bargaining   shall  be  the  employer unit, multiple employer unit, craft unit, plant   unit, or any other unit; provided, however, that in any case  where  the   majority  of  employees  of  a  particular  craft,  or  in the case of a   non-profitmaking hospital or residential care center where the  majority   of  employees  of  a particular profession or craft, shall so decide the   board shall designate such profession or craft as a unit appropriate for   the purpose of collective bargaining.3. Whenever it is alleged by an employee or his representative, or  by   an  employer  or  his  representative,  that  there  is  a  question  or    controversy concerning the representation of employees, the board  shall   investigate  such  question or controversy and certify in writing to all   persons concerned the name or names of the representatives who have been   designated  or  selected.  In  any  such  investigation  the board shall   provide for an appropriate hearing upon due notice, either in conjuction   with a proceeding under section seven hundred six or otherwise, and  may   conduct  an  election  by  secret  ballot of employees, or use any other   suitable method to ascertain  such  representatives  (either  before  or   after  the  aforesaid  hearing), provided, however, that the board shall   not  have  authority  to  investigate  or  determine  any  question   or   controversy   between  individuals  or  groups  within  the  same  labor   organization nor between labor organizations affiliated  with  the  same   parent  labor  organization concerning the internal affairs of any labor   organization but nothing contained in this proviso shall  be  deemed  to   preclude  the board from investigating and determining which, if any, of   affiliated  groups  or  labor  organizations  have  been  designated  or   selected  by  employees  as  their  representatives  for the purposes of   collective bargaining within the meaning of this article.4. The board shall have power to determine who may participate in  the   election  and  to  establish  the  rules  governing  any  such election:   Provided, that no election need be directed by the board solely  because   of  the request of an employer or of employees prompted thereto by their   employer, nor shall any individuals employed only for the duration of  a   strike  or  lockout  be  eligible to vote in such election; and provided   further, that no such election shall be conducted under  the  employer's   supervision,  or,  except  as  may  be  required  by  the  board, on the   employer's property, during working hours, or with his participation  or   assistance.5.  If at an election conducted pursuant to this section three or more   nominees for exclusive collective bargaining representatives  appear  on   the  ballot  and no one of them receives a majority of the votes cast at   the election, the two nominees who received the highest number of  votes   shall  appear  on  the  ballot  of  a  second  election  to be conducted   hereunder, and the one receiving a majority of the  votes  cast  at  the   second  election  shall  be  the  exclusive  representative  of  all the   employees in such unit for  the  purpose  of  collective  bargaining  in   respect to rates of pay, wages, hours of employment, or other conditions   of employment.6.  A  labor organization nominated as the representative of employees   shall be listed by name on the ballots authorized by  subdivision  three   of this section. In any investigation conducted by the board pursuant to   this  section  the board may make a finding as to whether any committee,   employee representation plan, or association of employees involved is  a   company  union, and if any such committee, employee representation plan,   or association of employees be found to be a company union, it shall not   be listed on the ballots, certified or otherwise recognized as  eligible   to be the representative of employees under this article.