N.Y. Comp. Codes R. & Regs. tit. 12 § 251.4

Current through Register Vol. 46, No. 50, December 11, 2024

Section 251.4 - Sufficiency of petition and showing of interest

(a) No petition in a proceeding under section 705 of SERA shall be dismissed for failure of the petitioner to set forth in the petition all the information required, however, the hearing officer may, if necessary, require information not provided in the petition.

(b)Selection of Employee Organization in General: Pursuant to section 705.1 of SERA, a petition for certification shall be accompanied by dues deduction authorizations, individually signed petitions in favor of recognition, membership cards, or other similar evidence of support for a labor organization. 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 qualify for certification without an election. In the event that the evidence submitted proves to represent less than a majority of the appropriate negotiating unit, the submitted evidence shall be treated as a showing of interest.

(c) A showing of interest shall be filed simultaneously with a petition or motion to intervene, and must indicate support for a labor organization or organizations by a minimum of 30 percent of employees in the unit alleged to be appropriate. In the event that the dues deduction authorizations or other evidence of support fail to establish a showing of interest of at least 30 percent of employees in the unit alleged to be appropriate, the director of PEPR shall dismiss the petition.

(d) In determining whether the evidence submitted to establish a showing of interest is timely, the director of PEPR shall accept evidence of current membership at the time the petition is filed. The director of PEPR shall also accept dues deduction authorizations, original designation cards, or petitions on a form prescribed by the board, all of which were signed and dated within one year of their submission. A showing of interest may consist of any combination of the foregoing evidence. 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.

(e) A declaration by a person with personal knowledge shall accompany the showing of interest and shall contain the same elements as required for a declaration in subdivisions (d) through (f) of this section.

(f) The director of PEPR may direct an investigation and, at their discretion, if necessary, a hearing to ascertain whether the evidence submitted is accurate. If it is determined after investigation or hearing 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 pursuant to section 253.22 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 251.4

Amended New York State Register February 10, 2016/Volume XXXVIII, Issue 06, eff. 2/10/2016

Amended New York State Register February 15, 2023/Volume XLV, Issue 07, eff. 2/15/2023