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This entry was published on 2014-09-22
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Procedure for recognition
§ 695-d. Procedure for recognition. 1. For the purpose of this
article, New York state shall recognize as the representative of the
child care providers in any unit set forth in section six hundred
ninety-five-c of this article each representative as is designated by a
majority of the providers in the unit pursuant to the following
procedure: A perspective representative may demonstrate majority
designation upon submission of authorization cards, approved within
twelve months of this submission, by the majority of providers in the
unit, to the state employment relations board (SERB) or any successor
agency for the purpose of review. The SERB and/or its designee shall
review the cards and if it determines that the cards constitute at least
fifty percent plus one of the providers in the unit at issue, then the
SERB shall certify the party making application as the designated
representative of the unit. If the SERB determines that cards submitted
constitute at least thirty percent of providers in the unit at issue,
but not more than fifty percent, it shall conduct an election in a
manner directed by the SERB and consistent with its standard election
procedure to determine if a majority of members designate the
prospective representative.

2. Any relevant state agency, including the office of children and
family services shall provide the SERB with information necessary to
determine the size of the units and the identities of members of said
unit subject to any limitations or dissemination of information as the
agency believes necessary to protect confidentiality, or as otherwise
required by law.