N.Y. Comp. Codes R. & Regs. tit. 4 § 201.3

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

Section 201.3 - Time for filing of petitions

(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.

N.Y. Comp. Codes R. & Regs. Tit. 4 § 201.3

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