N.Y. Comp. Codes R. & Regs. tit. 4 § 201.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 201.2 - Petition; filing

(a) A petition to investigate a question concerning representation of public employees under the act (hereinafter called a petition for certification), or a petition alleging that an employee organization which has been certified or is being currently recognized should be deprived of representation status as to all or part of a unit (hereinafter called a petition for decertification), may be filed by one or more public employees or any employee organization acting in their behalf, or by a public employer, provided that individual employees may not file a petition for certification.

(b) A petition may be filed at any time by a public employer or a recognized or certified employee organization to clarify whether a position is encompassed within the scope of an existing unit (hereinafter called a unit clarification petition), or to determine the unit placement of a position (hereinafter called a unit placement petition). The filing and processing of the petition shall be in accordance with sections 201.5(c), (d), 201.7, 201.8(a) and (g), and 201.10 of this Part, and Part 212 of this Title. Section 201.4 of this Part shall not apply. In determining the unit placement of a position, the administrative law judge shall consider whether the placement would be consistent with the criteria set forth in section 207 of the act. The administrative law judge may decline to make any clarification or placement not otherwise consistent with the purposes or policies of the act. Exceptions to any determination of the administrative law judge may be filed pursuant to Part 213 of this Title.

(c) Petitions under this section shall be on a form prescribed by the board. In cases filed by paper filing, a signed original and four copies of the petition shall be filed with the director. In electronically filed cases, a signed paper original will be submitted in addition to the electronically filed petition. Prior to an administrative law judge issuing a decision, a petition may be withdrawn only with the consent of the director. After the issuance of a decision by the administrative law judge, the petition may be withdrawn only with the consent of the board. Whenever the director or the board, as the case may be, approves withdrawal of any petition, the case shall be closed.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 201.2

Amended New York State Register August 2, 2017/Volume XXXIX, Issue 31, eff. 8/2/2017