New York Codes, Rules and Regulations › Title 4 - DEPARTMENT OF CIVIL SERVICE › Chapter VII - PUBLIC EMPLOYMENT RELATIONS BOARD › Part 201 - Determination of Representation Status under Section 207 of the Act › Section 201.3 - Time for filing of petitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				petition for certification concerning unrepresented employees may be filed
				between 30 and 120 days after a public employer has been asked to recognize an
				employee organization, if the request has not been denied and no employee
				organization has been recognized or certified as majority representative of any
				of the employees within the unit alleged to be appropriate. A petition may be
				filed by the public employer within 120 days after receipt of a demand for
				recognition. Unless filed by a public employer, such a petition shall be
				supported by a showing of interest of at least 30 percent of the employees
				within the unit alleged to be appropriate.
(b) A petition for certification concerning
				unrepresented employees may be filed by an employee organization within 90 days
				after it has been refused recognition by the public employer. Such a petition
				shall be supported by a showing of interest of at least 30 percent of the
				employees within the unit alleged to be appropriate.
(c) A petition for certification or
				decertification may be filed within 30 days after publication of notice as
				described in section
				201.6 of this Part, or receipt of
				written notice, that another employee organization has been recognized. Such a
				petition shall be supported by a showing of interest of at least 30 percent of
				the employees in the existing unit or the unit alleged to be appropriate by the
				petitioner.
(d) A petition for
				certification or decertification may be filed during the month before the
				expiration, under section
				208.2 of the act, of the period of
				unchallenged representation status accorded a recognized or certified employee
				organization; provided, however, that a public employer may not file a petition
				challenging the majority status of a recognized or certified employee
				organization in an existing negotiating unit unless it has a demonstrable,
				good-faith belief that the employee organization is defunct. If a public
				employer is not the petitioner, a petition for certification or decertification
				shall be supported by a showing of interest of at least 30 percent of the
				employees in the unit for which certification has been granted, or of the unit
				alleged to be appropriate by the petitioner. If the petition is solely one for
				decertification, it shall be supported by a showing of interest of at least 30
				percent of the employees in the existing unit. A petition seeking to certify a
				fragment of an existing bargaining unit as a separate bargaining unit shall be
				supported by a showing of interest of at least 30 percent of the unit alleged
				to be appropriate.
(e) A petition
				for certification or decertification may be filed by an employee organization
				other than the recognized or certified employee organization and a petition for
				decertification may be filed by one or more public employees, if no new
				agreement is negotiated, 120 days subsequent to the expiration of a written
				agreement between the public employer and the recognized or certified employee
				organization or, if the agreement does not expire at the end of the employer's
				fiscal year, then 120 days subsequent to the end of the fiscal year immediately
				prior to the termination date of such agreement. Thereafter, such a petition
				may be filed until a new agreement is executed. Such a petition shall be
				supported by a showing of interest of at least 30 percent of the employees in
				the unit already in existence or alleged to be appropriate by the
				petitioner.
(f) A petition for
				decertification may be filed by public employees or by a public employee
				organization, other than the recognized or certified employee organization, or
				a petition for certification may be filed by a public employee organization
				other than the recognized or certified employee organization, commencing one
				year after such recognition or certification, unless and until the recognized
				or certified employee organization has negotiated its first collective
				bargaining agreement.
(g) A
				petition for certification or decertification which seeks to review a
				determination of representation status of public employees made by a local
				government pursuant to section 212 of the act may be filed together with a
				petition for review under section
				203.8 of this Chapter. Such a
				petition will not be processed unless the board determines that the continuing
				implementation of the provisions and procedures of the local government has not
				been substantially equivalent to the provisions and procedures set forth in the
				act and these rules. If a public employer is not the petitioner, such a
				petition shall be supported by a showing of interest of at least 30 percent of
				the employees in the unit deemed appropriate by the local government or an
				impartial agency.