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 263.22 - Showing of interest

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Showing of interest to director of PEPR. All petitions for certification, or motions to intervene, shall be accompanied by a showing of interest. Such showing of interest shall be submitted with the petition, but shall not be served on any other party.

(1) Sufficiency of showing of interest. A showing of interest demonstrating majority support for an employee organization shall be sufficient for certification without election.

(2) A showing of interest of at least 30 percent of employees in the unit alleged to be appropriate shall be sufficient for the director of PEPR to order an election to determine employees' choice, if any, of an exclusive representative for collective bargaining.

(3) In the event that the showing of interest represents less than 30 percent of employees in the unit alleged to be appropriate, the director of PEPR shall dismiss the petition.

(b) Confidentiality of showing of interest. All showings of interest shall be kept confidential and shall not be disclosed to any of the parties named in the petition.

(c) Selection of Employee Organization Where Only One Such Organization is Involved. As permitted by section 705.1 -a of SERA, where the choice available to employees in a negotiating unit is limited to selecting or rejecting a single labor organization, a showing of interest consisting of dues deduction authorizations sufficient to demonstrate majority support for a single labor organization, along with a petition for certification, shall suffice to warrant certification of said labor organization without election.

(d) Selection of Employee Organization in General. As permitted by section 705.1 of SERA, a petition for certification may be accompanied by dues deduction authorizations, individually signed petitions in favor of recognition, membership cards, or other evidence of support for or designation of the labor organization as collective bargaining representative. 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 be certified without an election.

(e) Timeliness of showing of interest. All evidence submitted to establish a showing of interest must be signed and dated within one year of their submission. A showing of interest may consist of any combination of the evidence set forth in sections 263.22(c) and (d) of this Part. 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. This listing is to be provided only to the director of PEPR or their designee, and shall not be provided to other parties.

(f) Declaration of authenticity. A declaration of authenticity shall be filed by the petitioner or, in the case of a motion to intervene, by the movant, simultaneously with the filing of the showing of interest. Declarations need not be notarized or otherwise sworn. Such declaration shall contain the following:

(1) the name of the individual executing the declaration and a statement of the declarant's authority to execute it; and

(2) a declaration that, upon the declarant's personal knowledge or upon the declarant's inquiries, the persons whose names appear on the evidence submitted have themselves signed such evidence on the dates specified thereon, and that the persons specified as current members are in fact current members and that inquiry was made regarding their inclusion in the negotiating unit which is the subject of the representation petition. If the declaration is upon inquiries the declarant has made, and not upon the declarant's personal knowledge, the declarant shall specify the nature of those inquiries.

(g) Investigation. If at any point the hearing officer has a good faith question regarding the veracity of the showing of interest, the hearing officer may conduct an investigation to ascertain whether the evidence submitted is accurate. If it is determined after investigation 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. Any exceptions shall be filed with the board within two days of the hearing officer's determination. The board will grant such cases expedited treatment.

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