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This entry was published on 2014-09-22
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Determination of representation status
Civil Service (CVS) CHAPTER 7, ARTICLE 14
§ 207. Determination of representation status. 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.