N.Y. Comp. Codes R. & Regs. tit. 12 § 263.17

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

Section 263.17 - Showing of interest

(a) The term showing of interest, as used in this Part, shall mean a demonstration of support for the filing of a petition for certification, a motion to intervene, or for certification without an election.

(b) A showing of interest shall consist of evidence of current membership in a labor organization, including 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 submission.

(c) In the event that the showing of interest does not represent a majority for the labor organization in the unit alleged to be appropriate and a timely motion to intervene is filed, the motion will be considered and an election held.

(d) A showing of interest for the filing of a petition or a motion to intervene must consist of at least thirty (30) percent of employees in an allegedly appropriate negotiating unit or a negotiating unit determined to be appropriate.

(e) Except as provided for in section 263.22 of this Part, any showing of interest must be accompanied by a declaration of authenticity as set forth in section 263.22 of this Part.

(f) A filing of dues deduction cards or other evidence of support sufficient to demonstrate majority support in a unit alleged to be appropriate may also be used to determine whether a labor organization is entitled to certification without an election pursuant to section 263.22(c) and (d) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 12 § 263.17

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