1. The Laws of New York
  2. Consolidated Laws
  3. Civil Service
  4. Article 14: Public Employees' Fair Employment Act

Section 207 Determination of representation status

Civil Service (CVS)

For purposes of resolving disputes concerning representation status, pursuant to section two hundred five or two hundred six of this article, the board or government, as the case may be, shall

  1. define the appropriate employer-employee negotiating units taking into account the following standards:

  (a) the definition of the unit shall correspond to a community of interest among the employees to be included in the unit;

  (b) the officials of government at the level of the unit shall have the power to agree, or to make effective recommendations to other administrative authority or the legislative body with respect to, the terms and conditions of employment upon which the employees desire to negotiate; and

  (c) the unit shall be compatible with the joint responsibilities of the public employer and public employees to serve the public.

  2. ascertain the public employees' choice of employee organization as their representative (in cases where the parties to a dispute have not agreed on the means to ascertain the choice, if any, of the employees in the unit) on the basis of dues deduction authorization and other evidences, or, if necessary, by conducting an election.

  3. certify or recognize 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.