New York Codes, Rules and Regulations › Title 12 - DEPARTMENT OF LABOR › Chapter IV - Resolution of Labor Disputes › Subchapter A - Labor Relations Board › Part 251 - Procedure under Section 705 Of Sera for Investigation and Certification of Representatives › Petition › Section 251.4 - Sufficiency of petition and showing of interest

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No petition in a proceeding under section
					 705 of SERA shall be dismissed for failure of the petitioner to set forth in
					 the petition all the information required, however, the hearing officer may, if
					 necessary, require information not provided in the petition.
(b)
Selection of Employee Organization
					 in General:
Pursuant to section
					 705.1 of SERA, a petition for
					 certification shall be accompanied by dues deduction authorizations,
					 individually signed petitions in favor of recognition, membership cards, or
					 other similar evidence of support for a labor organization. If the evidence is
					 sufficient to demonstrate majority support of a single labor organization in a
					 unit alleged to be appropriate, the labor organization shall qualify for
					 certification without an election. In the event that the evidence submitted
					 proves to represent less than a majority of the appropriate negotiating unit,
					 the submitted evidence shall be treated as a showing of interest.
(c) A showing of interest shall be filed
					 simultaneously with a petition or motion to intervene, and must indicate
					 support for a labor organization or organizations by a minimum of 30 percent of
					 employees in the unit alleged to be appropriate. In the event that the dues
					 deduction authorizations or other evidence of support fail to establish a
					 showing of interest of at least 30 percent of employees in the unit alleged to
					 be appropriate, the director of PEPR shall dismiss the petition.
(d) In determining whether the evidence
					 submitted to establish a showing of interest is timely, the director of PEPR
					 shall accept evidence of current membership at the time the petition is filed.
					 The director of PEPR shall also accept dues deduction authorizations, original
					 designation cards, or petitions on a form prescribed by the board, all of which
					 were signed and dated within one year of their submission. A showing of
					 interest may consist of any combination of the foregoing evidence. Designation
					 cards shall be submitted in alphabetical order.
The director of PEPR may require that an alphabetized
						listing of the names of the signatories on individually signed and dated
						petitions be filed within a reasonable period of time after submission of the
						showing of interest petitions. If such an alphabetized listing is required, the
						person or persons filing the listing shall simultaneously file with the
						director of PEPR a signed declaration that the listing sets forth only the
						names of the signatories on the showing of interest petitions.
(e) A declaration by a person with personal
					 knowledge shall accompany the showing of interest and shall contain the same
					 elements as required for a declaration in subdivisions (d) through (f) of this
					 section.
(f) The director of PEPR
					 may direct an investigation and, at their discretion, if necessary, a hearing
					 to ascertain whether the evidence submitted is accurate. If it is determined
					 after investigation or hearing that the evidence is fraudulent or that the
					 declaration is false, such reasonable action as is appropriate to protect the
					 integrity of the procedures of the board in connection with the pending matter
					 shall be taken. Such a determination and such action taken shall be reviewable
					 by the board pursuant to section
					 253.22  of this Title.