Under the New York City Collective Bargaining Law (NYCCBL), the Board of Certification (BOC) is responsible for resolving questions about union representation for public employees.

Public employees are generally considered eligible for union representation and collective bargaining unless the BOC determines that a position is managerial or confidential. The BOC also decides which employees should be grouped together in bargaining units. These decisions are made to give employees the greatest opportunity to exercise their rights under the NYCCBL, while also supporting effective public service and sound labor relations. When necessary, the BOC may modify bargaining units by adding or removing job titles.

To determine whether employees wish to be represented by a union, the BOC may conduct hearings, hold secret ballot elections, or use other appropriate methods. If a union is supported by a majority of employees in a bargaining unit, the BOC certifies that union as the exclusive collective bargaining representative. The BOC may also decertify a union if it no longer represents a majority of the employees in the unit.