Overview
This chart identifies the appropriate filing periods for representation petitions, unit clarification/unit placement petitions and managerial/confidential applications, pursuant to the Public Employees’ Fair Employment Act and PERB’s Rules of Procedure.
This chart is intended only as a reference tool. It is recommended that you refer to the specific sections of the Act and the Rule sections for the full text. Case citations are to decisions of the Board. It is recommended that those decisions be read for their precise holdings.
With Incumbent
| Body | Fiscal Year | Challenges | Filing | Next Filing (Union) | M/C | CP Petitions |
|---|---|---|---|---|---|---|
| County | Jan 1-Dec 31 | June | May | May | Anytime but only one processed to completion during period of unchallenged representation status. | By employer or union; may be filed anytime. |
| State | Apr 1-Mar 31 | September | August | August | ||
| Schools | July 1-June 30 | December | November | November | ||
| Villages | June 1-May 31 | November | October | November |
Authorized By: §208.2 (Act), §201.3(d) (Rules), §201.10(b) (Rules), §201.2(b) (Rules)
If No Contract Exists
Apply §201.3(e) (Rules)
120 days after contract expires and no new contract is reached – petition may be filed until new contract reached. (See Farmingdale UFSD, 7 PERB ¶3073 (1974))
Moving Titles From One Unit to Another
Apply §201.3(e) (Rules)
Open period is measured by contract expiration of unit from which employees are sought to be removed. (See Rondout Valley CSD, 14 PERB ¶4020 (1981))
No Incumbent
No Recognition
Apply §201.3(a) (Rules) Employer fails to answer request – between 30-120 days of request.
Apply §201.3(b) (Rules) Employer refuses request for recognition – within 30 days of refusal.
Union Newly Recognized
Apply §201.3(c) (Rules) Within 30 days of recognition – file official public notice.
Unchallenged Representation
Apply §208.2 (Act)
Period of unchallenged representation status – until 7 months before contract expiration – except:
1. When contract expiration date is different than fiscal year expiration date, use fiscal year expiration date for year prior to contract expiration – then ascertain open period.
2. When contract is for more than 3 years, contract expiration at end of third fiscal year – then ascertain open period. (See Board of Educ. Kenmore – Town of Tonawanda UFSD, 12 PERB 3055 (1979); County of Rensselaer, 30 PERB 3057 (1997))
3. Extensions of agreements don’t extend unchallenged representation status.