Overview
The Office of Private Employment Practices and Representation (PEPR) administers the State Employment Relations Act (SERA), as amended by the Farm Laborers Fair Labor Practices Act (FLFLPA). This office is charged with resolving issues of Representation and Unfair Labor Practice Charges, either through settlement between the parties or adjudication. Representation deals with petitions regarding labor organization (union) representation of certain private sector employees; Unfair Labor Practice Charges allege violations of Section 704 or 704-b of the SERA.
The SERA is New York’s private sector collective bargaining statute, which covers private sector employers and employees not subject to the National Labor Relations Act or the Railway Labor Act. Private sector employees covered by the SERA possess the right to organize, which includes forming, joining, or assisting labor organizations and the right to bargain collectively through representatives of their own choosing.
Historical Background
Most of the SERA’s provisions were originally enacted by the Legislature in 1937 and are the subject of an extensive body of administrative precedent by PERB as well as PERB’s predecessor boards: the State Labor Relations Board (SLRB) and the State Employment Relations Board (SERB). Effective July 22, 2010, PERB became responsible for administering the adjudicatory and conciliation provisions of the SERA. Effective January 1, 2020, as a result of the passage of the FLFLPA, the SERA was amended to specifically cover agricultural employers and farm laborers, who had been previously excluded from coverage under the SERA.
Research Resources
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An Initial Guide to Collective Bargaining Rights and Responsibilities Under the Farm Laborers’ Fair Labor Practices Act
Examines the basic provisions and procedures under the Farm Laborers’ Fair Labor Practices Act (“FLA”), which amends several portions of the New York State Labor Law.
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Guide for Parties Representing Themselves (Private Sector)
If you anticipate representing yourself regarding a charge or petition under the New York State Employment Relations Act (SERA), including the Farm Laborers Fair Labor Practices Act (FLFLPA), before the Public Employment Relations Board (PERB), this guide provides information that may be useful to you.
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Guía para las partes que se representan a ellas mismas
Si anticipa representarse a sí mismo con respecto a un cargo o petición bajo la Ley de Relaciones de Empleo del Estado de Nueva York (SERA), incluida la Ley de Prácticas Laborales Justas para Trabajadores Agrícolas (FLFLPA), ante la Junta de Relaciones de Empleo Público (PERB), esta guía proporciona información que puede serle útil.
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Status of H-2A workers under FLFLPA
PERB sought briefing regarding the status of H-2A workers under the FLFLPA.
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Amicus Brief of Farmworker-Serving Organizations
Brief filed by Legal Aid Society of Mid-New York, Farmworker Law Project.
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GLJ-ILRF, ICLR, ILAW Amicus Brief
Brief filed by Global Labor Justice-International Law Rights Forum (GLJ-ILRF).
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NYS AFL-CIO-UFCW Local 888-Local 338 UFCW-RWDSU & UFCW District Local One
Brief filed by New York State AFL-CIO, UFCW LOCAL 888, LOCAL 338 UFCW/RWDSU AND UFCW DISTRICT LOCAL ONE.
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NYS Veg, Wine, Horticultural Amicus Brief
Brief filed by Grow NY Farms, New York State Vegetable Growers Association, New York State Wine Grape Growers, New York State Horticultural Society, and Northeast Dairy Producers Association (NEDPA).
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Supplemental Brief- Kirby & Porpiglia Farms 6-28-23
Brief filed by A & J Kirby Farms, LLC and Porpiglia Farms, Inc.
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SERA & FLFLPA Decisions
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SERA and FLFLPA Decisions
This document contains SERA decisions made by PERB from 2011 to present, and SERA decisions made by PERB's predecessor, the State Employment Relations Board (SERB). It also contains SERB's annual reports from 1937 - 1972.
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