No. An allegation that a union has breached its duty of fair representation should be filed as an improper practice petition.

An RU petition seeks to create a new bargaining unit or to change the union that represents an existing bargaining unit.

An AC petition is commonly filed to add titles to an existing bargaining unit. An AC petition can also be filed to delete obsolete titles or to reflect that the name of a title or the union has changed.

An RD petition seeks to decertify the union as the bargaining representative. It seeks to have no bargaining representative instead of replacing the bargaining representative with another union.

An RE petition is filed by an employer when it has a good faith doubt regarding the continued majority status of the bargaining representative or when it seeks to have titles or positions designated managerial and/or confidential.

An employer can also file a VR notice to voluntarily recognize a union as the bargaining representative of a title, either in a new bargaining unit or by adding it to an existing bargaining unit.

Representation proceedings are covered by § 1-02 of the OCB Rules. The filing of an RU petition is addressed in OCB Rule § 1-02(c); an AC petition, in OCB Rule § 1-02(u); an RD petition, in OCB Rule § 1-02(e); an RE petition, in OCB Rule § 1-02(d) and § 1-02(v); and a VR notice, in OCB Rule § 1-02(m). The requirements for the showing of interest are in OCB Rule § 1-02(f). The contract bar rule is in OCB Rule § 1-02(g) and interpreted in a practice advisory.

You can speak with an OCB Pro Se Officer by calling (212) 306-7160.

An AC petition or VR notice can be filed at any time.

After a bargaining unit has been certified, an RU, RE, or RD petition cannot be filed for one year. If the current bargaining representative has negotiated a contract, an RU, RE, or RD petition can be filed 150 to 180 days prior to the expiration of a contract whose duration is three years or less.

If a contract is for longer than three years, a petitioner can choose between two window periods: either 150 to 180 days prior to the end of the third year or 150 to 180 days prior to the expiration of the contract.

If a bargaining unit is covered by a collective bargaining agreement that has expired, no RU, RE, or RD petition can be filed until the next contract is signed. The next window period to file a representation petition will be determined by the duration, expiration date, or signing date of the next contract.

Further, pursuant to a practice advisory, an RU, RE, or RD petition can be filed at least three years after the expiration of a contract if it is supported by a 60% showing of interest, or at least six years after a contract's expiration if it is supported by a 30% showing of interest.

Yes. If the 30-day window period in which to file would be eliminated or shortened — such as if a memorandum of agreement is signed after the expiration of its term or less than 180 days before the expiration of its term — an RU, RE, or RD petition can be filed within 30 days of the signing of the memorandum of agreement.

In addition, an RU, RE, or RD petition that would otherwise be untimely may be processed if the Board of Certification finds that there are unusual or extraordinary circumstances, such as when the certified bargaining representative is defunct or has abandoned representation of the employees.

An RU or RD petition must be supported by showing that at least 30% of the employees either wish to be represented by a union or wish not to be represented by a union. The showing of interest must be signed and dated within seven months of the date the petition is filed.

A showing of interest is not required to file an AC petition. The showing of interest is confidential, and the Office of Collective Bargaining will not share it with the employer or an incumbent union.

No. A representation petition does not need to be served on the other parties, even if it is not e-filed. However, courtesy copies of a petition, excluding the showing of interest, are commonly provided. The Office of Collective Bargaining will notify all relevant parties that a representation petition has been filed.

The Office of Collective Bargaining will prepare a notice of filing for the employer to post or distribute to employees. The notice is also posted on OCB's online docket and published in The City Record. The respondents have 20 business days from service of the notice to state their positions. However, extensions are frequently granted.

Cases may be held in abeyance while the parties discuss settlement. If additional information regarding the duties of the employees at issue is needed, the Board may distribute surveys to the employees serving in the titles at issue and/or conduct hearings at which employees may be called to testify regarding their duties and responsibilities.

No. There are no reply briefs in representation proceedings.

It depends on the type of case filed and the legal issues raised. If an RU or RD petition is timely and supported by a sufficient showing of interest, the Board may order an election if the proposed bargaining unit is appropriate and there are no other legal questions that must be resolved.

However, there are generally no elections in accretion cases since the number of employees being added to the bargaining unit would not affect the majority status of the bargaining representative.

Case law regarding issues such as unit placement and managerial or confidential designations can be found by researching Board of Certification decisions using our search engine.

Use our search engine to search for the title and review the Board of Certification decisions referencing the title. Generally, you will find whether the title was included in a bargaining unit and the name of the bargaining representative in the first paragraph, the last paragraph, and the attached notice.

The list of bargaining units lists the Certification No., the colloquial name, the bargaining representative, and the titles included in each bargaining unit.

On the list of bargaining units, click on the colloquial name of the bargaining unit to see a list of the titles included in the unit.