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. 39, September 25, 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.
