New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 263 - Rules Implementing the Farm Laborers' Fair Labor Practices Act ("FLFLPA") › PETITION FOR CERTIFICATION › Section 263.19 - Petition; filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Filing of petition for certification.
A petition for
					 certification may be filed to resolve a question or controversy concerning the
					 representation of employees. A petition for certification may be filed with the
					 director of PEPR by employees or their representatives. Petitions for
					 certification may be filed to obtain certification of an exclusive
					 representative for collective bargaining4 without an election.
Petitions for certification may also be filed to obtain
						an election in which employees vote on whether to elect an exclusive
						representative for collective bargaining with their employer.
(b)
Supporting declaration.
A petition for certification shall be in writing. The original shall be signed,
					 dated, and supported by a declaration of the person filing the petition,
					 stating that the content of the petition is declared as true, under penalty of
					 perjury. Declarations need not be notarized or otherwise sworn.
(c)
Availability of petition
					 forms
Petition forms will be supplied by the board upon request and
					 will also be available on the board's website.
(d)
Filing of petition.
Petitions for certification can be filed by mail, facsimile, or electronically.
					 Procedures for electronic filing shall be available on the board's website.
					 Where service is not made electronically, the service of a paper copy on the
					 employer will begin the time for the employer to respond, beginning on the day
					 of receipt.
(e)
Original
					 petition if filed electronically.
If a petition is filed
					 electronically, no paper original need be filed unless required by the director
					 of PEPR, assigned hearing officer, or other PERB representative.
(f)
Original petition if filed by
					 mail.
If a petition for certification is filed by mail, the original
					 of the petition shall be filed with the director of PEPR.
(g)
Showing of interest
					 submission.
The showing of interest required by section 705 (1) and
					 (1-a) of SERA and by section
					 263.22  of this Part may be
					 submitted to the director of PEPR in an electronic (pdf) format or equivalent.
					 The original evidence must be received in the mail by the director of PEPR
					 within 3 business days of the electronic filing of the petition. The showing of
					 interest supporting the petition shall be submitted to the board, but
shall not
be served on any party.
(h)
Serving petition and proof of
					 service.
A copy of the petition shall be served on all parties named
					 in the petition. Proof of service on all parties named in the petition shall
					 also be filed when the petition is filed.
The statutory text of the SERA uses the terms
						  "collective bargaining" and "collective negotiations" as fully synonymous. This
						  usage applies to these Rules.