Representation (Private Sector)

Overview: The State Employment Relations Act (SERA) grants the New York State Public Employment Relations Board (PERB) the authority to certify exclusive representatives for purposes of collective bargaining in respect to rates of pay, wages, hours of employment, and other conditions of employment. A Petition for a Certification Investigation requests an investigation into whether an appropriate bargaining unit should be represented by a specified certified employee representative (i.e., whether a labor union should be, or remain, certified to represent employees in the proposed bargaining unit). Such a petition may be filed by an employee organization, an employer, or an employee.  

Before you File:

• Review the following portions of the SERA, as amended by the Farm Laborers’ Fair Labor Practices Act, and PERB’s corresponding Rules of Procedure related to certification and certification investigations.
• See Sections 705 of the SERA.
• See also Part 251 of the Rules of Procedure for private sector, non-agricultural employers.
• See Sections 263.19 to 263.24 of the Rules of Procedure for agricultural employers, employee organizations, and farm laborers.
• If you are unsure whether this form applies to you, review PERB’s Guide for Parties Representing Themselves Under the SERA.

How to File:

• Complete all pages of the Petition for a Certification Investigation form below.
• File the form:
• by email to [email protected]
• by mail to NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• or by fax to (518) 457-2664.
• Serve a copy of the Petition on all named parties and submit proof of service when filing the Petition.
• Submit the showing of interest, or lack thereof, with the Petition, but do not serve the showing of interest on any other named parties. The showing of interest may be submitted electronically, but the original evidence must be received by PERB in the mail within three business days of the electronic filing of the Petition.

Overview: The purpose of the petition is to clarify whether a position is encompassed within the scope of an existing bargaining unit. Private sector agricultural employers and employee organizations can file for a unit clarification petition.

Before you File: 

• Review the Rules of Procedure related to unit clarification petitions.
• See Sections 263.32 and 263.33 of the Rules of Procedure for agricultural employers and employee organizations.

How to File:

• Complete the Petition for Unit Clarification form below.
• File the form:
• by email to [email protected].
• by mail to NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• Or by fax to (518) 457-2664.

Overview: Parties in the private sector may file a petition that seeks a ruling as to the scope of negotiations under the State Employment Relations Act (SERA).

Before you File: 

• Review the Rules of Procedure related to petitions for declaratory rulings. 
• See Part 259 of the Rules of Procedure for private sector, non-agricultural employers.
• See Sections 263.107 and 263.108 of the Rules of Procedure for agricultural employers and employee organizations.

How to File:

• Complete Petition for Declaratory Ruling form below.
• File the form:
• by email to [email protected].
• by mail to NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• or by fax to (518) 457-2664.

Overview: The purpose of this form is to request to withdraw a pending, private sector case before the NYS Public Employment Relations Board (PERB).

How to File:

• Complete the Withdrawal Request form below.
• File the form:
• by email to [email protected].
• by mail to NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• or by fax to (518) 457-2664.