N.Y. Labor Law § 695-d: 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.