N.Y. Civil Service Law § 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.