The Public Employment Practices and Representation office is headed by the Director of Public Employment Practices and Representation, assisted by the Assistant Director. Staff consists of eight Administrative Law Judges (ALJs), four in PERB’s Albany office and two in each of PERB’s regional offices. The Director, Assistant Director, and the Regional Directors who head PERB’s New York and Buffalo offices, may also serve as ALJs, as the need arises. A staff of four full-time positions provides support services to the professionals in the Albany office. The Buffalo and New York offices each have one full-time staff person providing support.
The section has four areas of responsibility: representation, improper practices, declaratory rulings and strikes. Representation deals with petitions to represent unrepresented public employees, petitions to represent already represented employees either in the current unit or in some other unit configuration, and petitions to decertify the existing bargaining agent. Also included are applications by public employers to designate certain of their employees as managerial or confidential and petitions seeking unit placement or unit clarification.
Improper practices are charges filed by individuals, employee organizations or public employers, alleging violations of Section 209-a of the Act. Six improper employer practices and three improper employee organization practices are identified.
IMPROPER PRACTICES LINKS
The third area of the section’s responsibility is declaratory rulings. The petitioner for a declaratory ruling may seek a determination as to the applicability of the Act to the petitioner or any other person, employee organization or employer, or a determination of a scope of negotiations issue.
DECLARATORY RULINGS LINKS
The final area in which the section involves itself is charges arising out of the strike prohibition set forth in the Act. Counsel’s office investigates and prosecutes strike charges before the ALJ assigned by PERB’s Deputy Chairman. The ALJ then submits a report and recommendations to the Board.