Title 4 Part 200

The term act, as used in this Chapter, shall mean the New York State Public Employees' Fair Employment Act, and the terms board and agency shall each mean the New York State Public Employment Relations Board, or any two members thereof.

The term director, as used in this Chapter, shall mean the agent of the board designated as director of public employment practices and representation; the term deputy chair shall mean an agent of the board so designated; the term administrative law judge as used in this Chapter shall mean an agent of the board so designated and shall include the director and assistant director of public employment practices and representation.

The term director of conciliation, as used in this Chapter, shall mean the agent of the board so designated.

The term assistant director shall mean an agent of the board so designated.

The term counsel, as used in this Chapter, shall mean the agent of the board so designated.

The term party, except as otherwise provided in this Chapter, shall mean any public employee, employee organization or public employer filing a charge, petition or application under the act or this Chapter; any public employee, employee organization or public employer named as a party in a charge, petition or application filed under the act or this Chapter; or any other public employee, employee organization or public employer whose timely motion to intervene in a proceeding has been granted.

The term impartial agency, as used in this Chapter, shall mean an agency or agent established or designated by a local government pursuant to procedures established by its legislative body under section 206.1 or section 212 of the act, which agency or agent shall be free from direction by the local government involved and without predisposition or appearance of predisposition to favor such local government or any employee organization in matters which come before it.

The term certification, as used in this Chapter, shall mean the designation of an employee organization as negotiating representative of employees in an appropriate unit by the board or by a local impartial agency established pursuant to section 206.1 or section 212 of the act.

The term recognition, as used in this Chapter, shall mean the designation of an employee organization as negotiating representative of employees in an agreed-upon unit by a government not acting through an impartial agency pursuant to section 206.1 or section 212 of the act.

The term showing of interest, as used in this Chapter, shall mean a designated percentage of public employees in an allegedly appropriate negotiating unit or a negotiating unit determined to be appropriate, who support the filing of a petition or a motion to intervene. Any showing of interest must be accompanied by a declaration of authenticity as set forth in section 201.4(d) of this Title. A showing of interest may also be used to determine whether an employee organization is entitled to certification without an election pursuant to section 201.8(c)(1) of this Chapter.

Any affirmation submitted pursuant to these rules shall be signed and shall state “I affirm under penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document will be filed in a proceeding before the Public Employment Relations Board.” The board will prescribe forms consistent with this section. Any requirement in this Chapter for an affirmation may alternatively be satisfied by submitting a writing signed and sworn to before any person authorized to administer oaths.