Representation (Public Sector)

Overview: The Public Employees’ Fair Employment Act (known as the Taylor Law) grants the New York State Public Employment Relations Board (PERB) the authority to certify exclusive representatives for purposes of collective negotiations in respect to terms and conditions of employment.  The Board will certify an employee organization upon (a) the determination that such organization represents that group of public employees it claims to represent, and (b) the affirmation by such organization that it does not assert the right to strike against any government, to assist or participate in any such strike, or to impose an obligation to conduct, assist or participate in such a strike. 

A Petition for Certification and/or Decertification can be filed for three reasons:

1. When filed by an employee organization, the Petition may be used when a substantial number of employees wish to be represented for purposes of collective negotiations by the employee organization (petitioner) and the petitioner desires to be certified as representative of the employees for purposes of collective negotiations pursuant to Section 207 of the Taylor Law.

2. A Petition may be filed by an employer when the one or more employee organizations have presented a claim to the employer to be recognized as the negotiating representative of employees of the employer.

3. A Petition for Decertification may be filed when the Petitioner asserts that the currently recognized or certified negotiating representative should be deprived of representation status in whole or in part. If the Petitioner is an Employer, the Petitioner asserts that the currently recognized or certified negotiating representative is defunct.

A Petition for Certification may be filed simultaneously with a Petition for Decertification. In these circumstances, only one form needs to be filed. 

Before you File: 

• Review the portions of the Taylor Law and PERB’s Rules of Procedure related to certification and certification petitions. 
• See Sections 207 and 208 of the Taylor Law.
• See also Part 201 of the Rules of Procedure.
• View the filing periods within which representation petitions may be filed. A petition not filed within the correct time frame will not be processed.

How to File: 

• File an original and four copies of the Petition by mail to the Director of Public Employment Practices and Representation, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074. 

• The showing of interest form and declaration of authenticity should not be affixed to the Petition, but must be filed simultaneously with a petition. 

Overview: The term “showing of interest” means a designated percentage of public employees in an allegedly appropriate negotiating unit, or a negotiating unit determined to be appropriate, who support the filing of a petition or a motion to intervene. 

A showing of interest shall be filed simultaneously with a petition or motion to intervene. A completed Showing of Interest form, or signed dues deduction authorization cards, may be used to demonstrate the showing of interest. 

Before you File: 

• Review the portions of PERB’s Rules of Procedure related to showing of interest.
• See Sections 200.13, 201.3, and 201.4 of the Rules of Procedure.

How to File: 

• Complete all sections of the Showing of Interest form below.
• File the original, completed form by mail to the Director of Public Employment Practices and Representation, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• Any showing of interest must be accompanied by a declaration of authenticity as set forth in section 201.4(d) of PERB’s Rules of Procedure.

Overview: The Rules of Procedure for PERB allow public sector employers and recognized or certified employee organizations to file a petition for unit clarification and/or unit placement at any time. 

A Unit Clarification Petition alleges that a position is encompassed within the scope of an existing unit. A Unit Placement Petition alleges that a position should be placed into an existing unit pursuant to the criteria set forth in Section 207 of the Taylor Law. 

Before you File:

• Review the portions of the Taylor Law and PERB’s Rules of Procedure related to unit clarification and/or unit placement. 
• See Section 207 of the Taylor Law.
• See also Part 201.2 and 201.5 of the Rules of Procedure.

How to File:

• Complete both pages of the Unit Clarification or Placement petition below.
• File an original and four copies of the Petition by mail to the Director of Public Employment Practices and Representation, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.

Overview: The Taylor Law provides that no managerial or confidential employee shall hold office in or be a member of any employee organization which is or seeks to become the certified or recognized representative of the public employees employed by the public employer of such managerial or confidential employee. Employers may file an application for designation of persons as managerial or confidential which shall exclude such persons from a certified unit. 

Employees may be designated as managerial only if they are persons (i) who formulate policy or (ii) who may reasonably be required on behalf of the public employer to assist directly in the preparation for and conduct of collective negotiations or to have a major role in the administration of agreements or in personnel administration provided that such role is not of a routine or clerical nature and requires the exercise of independent judgment. Employees may be designated as confidential only if they are persons who assist and act in a confidential capacity to managerial employees.

Before you File:

• Review the portions of the Taylor Law and PERB’s Rules of Procedure related to managerial or confidential employees and applications to designate persons. 
• See Section 201.7 and 214 of the Taylor Law.
• See also Section 201.9 of the Rules of Procedure.

How to File:

• Complete both pages of the Managerial or Confidential Designation form below.
• File an original and four copies of the form by mail to the Director of Public Employment Practices and Representation by mail to NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.
• Simultaneously mail notice of the filing of the Application (a) to titles alleged to be managerial or confidential, and (b) to any employee organization which has been recognized or certified to represent any such persons. 

Overview: Parties may file a petition that seeks a ruling as to the applicability of the Taylor Law to them or a ruling as to the scope of negotiations under the Taylor Law. It may be filed by any person, employee organization, or employer.

Before you File:

• Review Part 210 of PERB’s Rules of Procedure related to Petitions for Declaratory Ruling.

How to File:

• Complete both pages of the Declaratory Ruling petition below.
• File an original and four copies of the Charge by mail to the Director of Public Employment Practices and Representation and mail to: NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.

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

How to File:

• Complete the Withdrawal Request form below.
• Mail the completed form to the Director of Public Employment Practices and Representation, NYS Public Employment Relations Board, PO Box 2074, ESP Agency Building 2, Floor 18, Albany, NY 12220-0074.