§ 1-02 Representation Proceedings.
RCNY § 1-02
(a)Definition. Board. As used in this section, the term "Board" means the Board of Certification.
(b)Petition – filing. A petition for the investigation of a question or controversy concerning the representation of public employees may be filed by a public employer, public employees, or their representative. The petition must be filed on a form prescribed by the Office of Collective Bargaining and must be in writing and signed.
(c)Petition by public employees or their representatives – contents; proof of interest.
(1)Unless e-filed pursuant to 61 RCNY § 1-12(e)(2), a petition filed by public employees or their representatives must contain: (i) The name, address, telephone number, and email address of petitioner; (ii) The name, address, and telephone number of the public employer; (iii) The titles and the approximate number of employees in the units claimed to be appropriate; (iv) An allegation that a question or controversy exists concerning representation and a concise statement of the nature thereof; (v) The names, addresses, and telephone numbers of any other public employee organizations, known to petitioner, which claim to represent employees in the alleged appropriate bargaining units, and the expiration date of any existing collective bargaining agreement; (vi) A request that the Board certify or designate the petitioner as the exclusive bargaining representative of the employees in the appropriate units or for other appropriate action.
(2)Simultaneously with the filing of the petition, the petitioner must: (i) In the case of a petition for certification, submit to the Board evidence that at least 30 percent of the employees in the appropriate unit, or in each appropriate unit, desire petitioner to represent them for the purposes of collective bargaining; (ii) In the case of a petition for designation as the collective bargaining representative of a unit for the purposes specified in paragraphs two, three or six of § 12-307(a) of the statute, submit evidence that it is the certified representative of a bargaining unit which includes more than 50 percent of the employees in the unit for which designation is sought.
(3)If such evidence is not timely submitted, the Board may dismiss the petition forthwith. Sufficiency of interest shall not be litigated.
(d)Petition by public employer – contents. Unless e-filed pursuant to 61 RCNY § 1-12(e)(2), the petition must contain: (1) The name, address, telephone number, and email address of the petitioner; (2) A general description of petitioner's function and the number of its employees; (3) The titles and the approximate number of employees in the units claimed to be appropriate; (4) An allegation that a question or controversy exists concerning representation and a concise statement setting forth the nature thereof, and, in any case when a public employer entertains a good faith doubt concerning the continued majority status of a certified union, an allegation to that effect with a concise statement of the facts upon which the doubt is based; (5) The names, addresses, and telephone numbers of the public employee organizations which claim to represent the employees in the alleged unit(s); (6) A request that the Board investigate the alleged question or controversy.
(e)Decertification petition – contents; proof of interest.
(f)Proof of interest – current. Designation and authorization cards and petitions, submitted as proof of interest under 61 RCNY § 1-02(c)(2), (e)(2) or (l), must be dated and signed by the employees, by hand or electronically, not more than seven months prior to the commencement of the proceeding before the Board. Proof of interest shall be based on the payroll immediately preceding the date of filing of the petition, unless the Board deems such period to be unrepresentative.
(g)Petitions – contract bar; time to file. A valid contract between a public employer and a public employee organization will bar the processing of any petition filed outside of the window periods described below. The time period for filing a petition for certification, designation, decertification or revocation of designation pursuant to 61 RCNY § 1-02(c), (d), or (e) of these rules is: for a contract of no more than three years' duration, a petition can be filed not less than 150 or more than 180 calendar days before the contract's expiration date; for a contract of more than three years' duration, a petition can be filed not less than 150 or more than 180 calendar days before the contract's expiration date, or not less than 150 or more than 180 calendar days before the end of the third year of that contract. No petition for certification, decertification or investigation of a question or controversy concerning representation may be filed after the expiration of a contract. However, if a window period would be eliminated or shortened, such as when a public employer and a public employee organization sign a successor contract after that contract has expired or less than 180 days before it expires, then a petition for certification, decertification or question or controversy concerning representation may be filed in the 30-day period following the date the successor contract is signed by all parties. Moreover, if the Board finds that unusual or extraordinary circumstances exist, such as when there is reason to believe that a recognized or certified employee organization is defunct or has abandoned representation of the employees in the unit for which it was recognized or certified, the Board may process a petition otherwise barred by this rule.
(h)Petitions – notice of filing. Upon the filing of a petition pursuant to the provisions of 61 RCNY § 1-02, the Office of Collective Bargaining will publish the notice on its website and in the City Record. The notice shall include the date the petition was filed, the name and address of the petitioner, the name and address of the public employer, and a statement of the action sought. The notice will be prepared by the Board and delivered to the employer, which must post or distribute the notice in the manner in which it customarily communicates information to employees. If posted, notices must remain for a minimum of ten business days. Within 20 business days of service of the notice, the public employer must provide the Director of Representation with a certification that the notice has been posted or distributed.
(i)Responses – time to file. For petitions filed pursuant to 61 RCNY § 1-02(c), (d), or (e) the public employer or an employee organization certified to represent the existing bargaining unit must file its written submission with the Director of Representation within 20 business days after service of the notice of filing of a petition pursuant to 61 RCNY § 1-02, with proof of service upon all other parties, setting forth its position on the petition. As circumstances require, the request of the public employer or employee organization for an extension of time to file its written submission, on notice to all parties, shall not be unreasonably denied. When it is the public employer's position that any of the petitioned for titles and employees are managerial or confidential, in its written submission the employer must comply with the requirements of 61 RCNY § 1-02(v) insofar as they require a statement of the factual basis of the allegation that the affected titles and employees are managerial or confidential, as the case may be. In the absence of any response from the public employer or an employee organization certified to represent the existing bargaining unit within the time specified above, the Board shall proceed with processing the petition. For petitions filed pursuant to 61 RCNY § 1-02(c) and (e), responses filed by an employer must contain an alphabetized list of all the employees in the unit(s) sought.
(j)Investigation.
(k)Appropriate units – determination. In determining appropriate bargaining units, the Board will consider, among other factors: (1) Which unit will assure public employees the fullest freedom in the exercise of the rights granted under the statute and the applicable executive order; (2) The community of interest of the employees; (3) The history of collective bargaining in the unit, among other employees of the public employer, and in similar public employment; (4) The effect of the unit on the efficient operation of the public service and sound labor relations; (5) Whether the officials of government at the level of the unit have the power to agree or make effective recommendations to other administrative authority or the legislative body with respect to the terms and conditions of employment which are the subject of collective bargaining; (6) Whether the unit is consistent with the decisions and policies of the Board.
(l)Determination of representatives on consent. Subject to the approval of the Director of Representation, the parties to a representation proceeding may waive a hearing and agree in writing on the method by which the Board shall determine the question of representation.
(m)Voluntary recognition – notification.
(4)Objection to proposed recognition. An employee, a group of employees, or a public employee organization may file a statement with the Board objecting to the proposed recognition and alleging that a question or controversy exists regarding representation. The statement of objection, if filed in a timely manner within the period of objection, will preclude a proposed recognition from becoming effective. If an objection is timely filed, the notice of voluntary recognition will be deemed a petition pursuant to 61 RCNY § 1-02(d) and will be processed accordingly.
(5)Period of objection. A public employee or employee organization objecting to the recognition must file its statement of objection, with proof of service on the public employer and public employee organization, setting forth the basis for its opposition within 10 business days of publication of the notice of filing in the City Record.
(n)Elections – participation; eligibility.
(o)Elections – notice. Prior to the election, the Board will prepare a notice of election which will specify the time, place, and manner in which voting will be conducted, titles of employees in the appropriate unit in which the election is to be conducted, rules concerning eligibility to vote, the form and content of the ballot, and such additional information and instructions as the Board may determine. The public employer must post or distribute the notice in the manner by which it customarily communicates information to employees. If posted, notices must remain until the election has been concluded.
(p)Elections.
(q)Inconclusive elections; runoff. In any election in which three or more choices (including "no representative") appear on the ballot, if no choice receives a majority of the valid ballots cast, and the valid ballots cast for "no representative" total less than 50 percent of the valid ballots cast, the Board may conduct a runoff election in which only the two public employee organizations which received the largest number of valid votes shall appear on the ballot, and the choice of "no representative" shall be omitted from the ballot.
(r)Post-election procedure – objections; challenges. Within seven business days after service of the report of count, any party may serve on all other parties and file with the Board (with proof of service) objections to the election, to conduct affecting the results of the election, or to the report of count. The objections must be verified and must contain a concise statement of the facts constituting the grounds of objections. The Board may direct oral argument before it, or direct a hearing, or otherwise investigate and make its determination with respect to the objections or any challenged ballots.
(s)Certification – determination of majority; no strike affirmation; disqualification.
(t)Certification; designation – life; modification. When a representative has been certified by the Board, the certification remains in effect for one year from the date of the certification and until the Board determines, after a secret ballot election conducted in a proceeding under 61 RCNY § 1-02(c), (d), or (e), that the certified employee organization no longer represents a majority of the employees in the appropriate unit. When a representative has been designated by the Board to represent a unit for the purposes specified in paragraphs two, three or six of § 12-307(a) of the statute, the designation remains in effect for one year from the date of designation and until the Board determines that the designated employee organization no longer represents a majority of the employees in the appropriate unit. Notwithstanding the above bar on challenging a certification within one year of its issuance, in any case when unusual or extraordinary circumstances require, such as when there is reason to believe that a recognized or certified employee organization is defunct or has abandoned representation of the employees in the unit for which it was recognized or certified, the Board may modify or suspend, or may shorten or extend the life of the certification or designation.
(u)Amendments of certifications – petition; notice of filing; response; disposition by the Board.
(6)When a petition filed under this subdivision is contested, the Board may conduct informal conferences or hearings, may direct an election or elections, or use any other suitable method to resolve the question concerning representation.
(v)Petition for designation of employees as managerial or confidential – contents; time to file; notice; intervention; investigation; determination.
