2019 New York Laws
CVS - Civil Service
Article 14 - Public Employees' Fair Employment Act
207 - Determination of Representation Status.

§ 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.