2006 New York Code - Special Provisions Relating To Initial Certification.

 
    §  12-314 Special provisions relating to initial certification. a. Any
  employee organization which (1) discriminates with regard to  the  terms
  and  conditions  of  membership because of race, color, creed, religion,
  disability, gender, sexual orientation, age, or national origin, or  (2)
  is  engaged  in  or advocates the violent overthrow of the government of
  the United States or of any state or any political  subdivision  thereof
  shall  be  ineligible  for  certification  as  an  exclusive  bargaining
  representative. For purposes of this section, the finding of a court  or
  an  administrative  tribunal  of competent jurisdiction that an employee
  organization has engaged in discrimination upon one of the  above  bases
  in  a  particular  case shall not be dispositive of the question of that
  employee organization's eligibility for certification unless it is  also
  found  that  the  employee  organization  has  engaged  in  a pattern or
  practice of such discrimination generally.
    b. No organization seeking or claiming to  represent  members  of  the
  police  force  of  the  police  department  shall  be  certified if such
  organization (i) admits to membership,  or  is  affiliated  directly  or
  indirectly  with  an  organization which admits to membership, employees
  other than members of the police force of the police department, or (ii)
  advocates the right to strike.
    c. Certificates or designations issued  by  the  department  of  labor
  prior  to  the effective date of this chapter and in effect on such date
  shall remain in effect until terminated by the  board  of  certification
  pursuant to its rules. Nothing contained in this subdivision shall limit
  the  power  of  the board of certification to determine bargaining units
  differing from those determined by the department of labor.